Ripu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18047 of 2020 Arising Out of PS. Case No.-401 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== RIPU SINGH, Son of Prahlad Singh R/o Village- Chakiya, P.S.- Saraiya (Jaintpur O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-05-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 272, 273, 353, 120 (B) of the Indian Penal Code and Section 30(a), 45 of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery 540 liters of illicit wine from a truck.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He was neither arrested on the spot nor any illicit liquor was

Patna High Court CR. MISC. No.18047 of 2020(2) dt.13-05-2020 2/2 recovered from his possession. He has no criminal antecedent. Petitioner is in custody since 03.02.2020. Similarly placed coaccused have been granted bail by co-ordinate bench of this court vide order dated 25.11.2019 passed in Cr. Misc. No. 75849 of 2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Saraiya Case No. 401 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T