Satish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36954 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SATISH KUMAR SINGH Son of Nand Kishore Singh Resident of G.C. Banarji Road, P.S.- Tilkamanjhi, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 104 of 2021 registered under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. There is alleged recovery of 300 litres illicit liquor from the petitioner's house.

Learned counsel for the petitioner submits that recovery is from beneath the sack lying on the varamda of the

Patna High Court CR. MISC. No. 36954 of 2021(2) dt.13-12-2021 2/3 property which is a joint property. The petitioner cannot be held exclusively liable for the recovery in question. Having no criminal antecedents, it is submitted that he has remained in custody now since 15.02.2021. The recovery, as per counsel for the petitioner, is not in accordance with law. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise Act, Bhagalpur in Kotwali (Tilkamanjhi) P.S. Case No. 104 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No. 36954 of 2021(2) dt.13-12-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T