Dablu @ Vidyasagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24018 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- RISIYAP District- Aurangabad ====================================================== Dablu @ Vidyasagar Singh, Son of Balram Singh, Resident of Sansa Bigha, P.S.- Salaiya, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Risiup P.S. Case No. 28 of 2022 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

The prosecution case is that two vehicles were intercepted and from the vehicle of the petitioner, 69.300 litres of Indian made foreign liquor was seized, whereas, from other vehicle, 73.500 litres of Indian made foreign liquor was seized. The petitioner was apprehended from the spot.

Patna High Court CR. MISC. No.24018 of 2022(2) dt.08-07-2022 2/3 The learned counsel for the petitioner submits that the petitioner is not the owner of the vehicle and he has been named in this case only on the basis of his antecedent, though nothing has been recovered from conscious possession of the petitioner. The petitioner is in custody since 30.03.2022 and the charge sheet has been submitted.

Learned APP opposes the prayer for bail made on behalf of the petitioner submitting that the petitioner is having criminal antecedent.

Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted and further considering his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, Excise-II, Aurangabad, in connection with Risiup P.S. Case No. 28 of 2022, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative

Patna High Court CR. MISC. No.24018 of 2022(2) dt.08-07-2022 3/3 of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T