Satendra Kumar Singh @ Guddu Singh @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21932 of 2024 Arising Out of PS. Case No.-394 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Satendra Kumar Singh @ Guddu Singh @ Guddu Kumar son of Laxman Singh @ laxmi Narayan Singh Village- Saidan Halai OP Ps- Tajpur DistSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate.
For the State :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-04-2024 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 394 of 2022 dated 20.8.2022, registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 103.170 litres of foreign liquor has been recovered from the maize field of one Bhubneshwar Singh.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that no incriminating material has been found from the conscious possession of the petitioner. He also submits that similarly situated co-accused person namely, Sanjay
Patna High Court CR. MISC. No.21932 of 2024(2) dt.10-04-2024 2/3 Sahni @ Machhar has been granted bail by this Court vide order dated 25.11.2022 passed in Cr. Misc. 57263 of 2022. The petitioner has been languishing in jail since 10.02.2024.
5. It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail.
6. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.
7. However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances, this application is allowed directing the petitioner, above-named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Special Judge (Excise), - 02, Samastipur in connection with Tajpur P.S. Case No. 394 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the Police or the Court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make
Patna High Court CR. MISC. No.21932 of 2024(2) dt.10-04-2024 3/3 any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner. (Jitendra Kumar, J) jyoti/- U T