Kamendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM COURT'S CHAMBERS VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.26227 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- PIRO District- Bhojpur ====================================================== KAMENDRA SINGH S/o Late Guput Singh Resident of Village-Dharmadas Dihari, Police Station-Tarari, District-Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta,Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-10-2020 Learned counsel for the petitioner undertakes to remove all the defects pointed out by Stamp Reporter within three weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Piro P.S. Case No. 73 of 2020 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act 2016.

Learned counsel for the petitioner submits that the vehicle in which the petitioner was travelling was checked and 32 liters liquors have been allegedly recovered from the said vehicle. It is his submission that he has no concern with the liquor or the vehicle in question and that he had only taken lift in the said vehicle. The petitioner is said to be in custody since 17.03.2020 and in the

Patna High Court CR. MISC. No.26227 of 2020(2) dt.13-10-2020 2/3 meantime co-accused Santosh Kumar has been granted bail by a learned Co-ordinate Bench of this Court in Cri. Misc. No. 26056 of 2020.

Learned APP for the State has though opposed the prayer for regular bail of the petitioner but considering the facts and circumstances of the case, wherein the petitioner is in jail since 17.03.2020, the investigation against him is complete, co-accused has already been granted bail, the petitioner has no criminal antecedent and at this stage there is no submission that release of the petitioner is in any way likely to interfere with the course of trial, let the petitioner above-named be released on bail on furnishing bail bond of Rs.25,000 (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IV-cum-Special Judge, Excise, Bhojpur at Ara, in connection with Piro P.S. Case No. 73 of 2020 and Excise Case No. 559 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

Patna High Court CR. MISC. No.26227 of 2020(2) dt.13-10-2020 3/3 facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner.

This application is allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.