Anil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24888 of 2022 Arising Out of PS. Case No.-184 Year-2021 Thana- MASHRAK District- Saran ====================================================== ANIL SINGH Son of fulena Singh R/o Village - Baharouli Konha, Ward No.- 6, P.S.- Masharakh, District - Saran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Pratap Singh For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Mashrak Case No. 184 of 2021 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.
As per prosecution case, there is alleged recovery of 34.56 litres of illicit liquor from Dalan of Anil Singh. One person fled away from the place of occurrence. Local people disclosed the name of the person who fled away as Anil Singh (Petitioner).
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24888 of 2022(2) dt.01-08-2022 2/3 petitioner is in custody since 05.01.2022. Petitioner bears criminal antecedent of eight cases out of which five cases are of similar nature. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession or constructive possession of the petitioner. The petitioner has no knowledge about recovery of the illicit liquor. The F.I.R. lodged on 04.04.2021, however, the petitioner is apprehended on 05.01.2022 meaning thereby the petitioner is not apprehended on spot.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, petitioner is not apprehended on spot and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran
Patna High Court CR. MISC. No.24888 of 2022(2) dt.01-08-2022 3/3 at Chapra in connection with Mashrakh Case No. 184 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) amitkr/- U T