Dalbeer Singh @ Driver Dalbeer Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78739 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- SARAI District- Vaishali ====================================================== Dalbeer Singh @ Driver Dalbeer Singh Son of Niranjan Singh Rasident of Village -Tin Ddarsan Mandir Road No. 18, Bhelai Near School, P. S. - Power House, District - Durg Chattisgarh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sarai P.S. Case No. 209 of 2018 registered for the offence punishable under Sections 414, 34 of the Indian penal Code and Sections 30(a), 32(2), 35(a), 38(i), 41(i) of the Bihar Prohibition Amended Act, 2018.

Allegation is recovery of 5322.240 litres of foreign liquor from the truck of which petitioner was driver. Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

However, after six months of custody the petitioner

Patna High Court Cr.Misc. No.78739 of 2018(3) dt.01-02-2019 2/2 would be enlarge on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Hajipur, Vaishali, in connection with Sarai P.S. Case No. 209 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 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/- U T