Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24431 of 2022 Arising Out of PS. Case No.-550 Year-2021 Thana- MASHRAK District- Saran ====================================================== ANIL SINGH Son of Fulena Singh Resident of Village - Baharouli Konha, Ward no.06, P.s.- Masharakh, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mashrakh P.S. Case No. 550 of 2021 registered for the offence under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 05.01.2022.

The allegation against the petitioner is to be engaged in illegal trade/manufacturing of illicit liquor, where, there is recovery of 5.400 litres of IMFL.

Patna High Court CR. MISC. No.24431 of 2022(2) dt.22-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the recovery is from the 'Dalan' of the petitioner which accessible by the other family members, being the part of the joint house. It has also been submitted that petitioner involved in eight (8) cases and out of six(6) cases, he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery of illicit liquor is made from the 'Dalan' of the petitioner.

Considering the facts and circumstances as mentioned above, as the alleged recovery of illicit liquor has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mashrakh P.S. Case No. 550 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Saran at Chapra/concerned court, subject to the following conditions:

Patna High Court CR. MISC. No.24431 of 2022(2) dt.22-07-2022 3/3 "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Raja Kumar, who is the son of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T