Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69588 of 2018 Arising Out of PS. Case No.-705 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Arun Kumar Singh Son of late Janardan Prasad Singh Resident of MohallaEast Patel Nagar, Road No. 7, Police Station- Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vipin Kumar Singh For the Opposite Party/s :

Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Special Case No. 9735 of 2018 (arising out of Shastri Nagar P.S. Case No. 705 of 2018) registered for the offence punishable under Section 30(a) of the Bihar Excise & Prohibition Act, 2016.

Allegation against petitioner is of recovery of 473.250 gram of liquor from the pick up van.

It has been submitted on behalf of the petitioner that he is a Contractor and was standing at the place where sand was being unloading and the accused who were with the vehicle carrying liquor who fled away and he was falsely implicated in this case.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.69588 of 2018(2) dt.28-11-2018 2/2 he is not related either with the pick up van or with the seized liquor. Petitioner has no criminal antecedent and he is in custody since 13.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 9735 of 2018 (arising out of Shastri Nagar P.S. Case No. 705 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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

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