Hari Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27642 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== Hari Kishor Singh Son of Tarun Kumar Singh Resident of Village Kale Narpat Nagar, P.S. Hasanpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhubneshwar Prasad For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Hasanpur P.S. Case No. 54 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

133.92 liters of foreign liquor is alleged to have been recovered from the motorcycle of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner has been falsely implicated in this case, whereas, he has got no concern with the seized liquor. The motorcycle in question does not belong to petitioner. It is stated in paragraph - 3 of the petition that petitioner has got no criminal antecedent and he is in custody since 08-03-2020.

Patna High Court CR. MISC. No.27642 of 2020(2) dt.20-10-2020 2/2 Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IIcum-Special Judge, Excise Act, Samastipur in connection with Hasanpur P.S. Case No. 54 of 2020 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) 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.".

(Prabhat Kumar Singh, J.) anay/- U T