Chhotu Singh @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19303 of 2020 Arising Out of PS. Case No.-313 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== CHHOTU SINGH @ OM PRAKASH, S/o Sri Bhuneshwar Singh, Resident of Japla Shidhnath Nagar, P.S.- Hussainabad, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlendra Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-06-2020 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 the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act, 2018.

Allegation is recovery of 80 litres of country made liquor from the dickey of the car which was driven by the

Patna High Court CR. MISC. No.19303 of 2020(2) dt.11-06-2020 2/3 petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Although the case was registered in the year, 2018 but no any process under Section 82/83 of the Cr.P.C. has been initiated against the petitioner. Petitioner is in custody since 16.02.2020. 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 to the satisfaction of learned court below, in connection with G.R. No. 1064 of 2018 arising out of Nabinagar P.S. Case No. 313 of 2018 subject to the conditions that:-

(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

Patna High Court CR. MISC. No.19303 of 2020(2) dt.11-06-2020 3/3 in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Veena/rajiv U T