Tejindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39177 of 2021 Arising Out of PS. Case No.-139 Year-2017 Thana- KUCHAIKOTE District- Gopalganj ====================================================== TEJINDRA SINGH S/O HARDIK SINGH R/O VILLAGE-HOUSE NO. 41 BANK COLONY, JAMALPUR AWANA, FOCAL POINT, P.S-JAMALPUR, DISTRICT-LUDHIYANA (PUNJAB).

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 & 420 of the Indian Penal Code and Section 30 (a) (b) (c)of the Bihar Prohibition and Excise Act, 2016.

3211.200 liters of foreign liquor is said to have been recovered from a truck.

Patna High Court CR. MISC. No.39177 of 2021(2) dt.17-09-2021 2/3 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. As a matter of fact, the truck from which the hooch has been recovered has been sold by the petitioner on 20.04.2016 to Sanjiv Kumar. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent and has been languishing in custody since 25.03.2021.

Petitioner is agreed to deposit a sum of Rs.1,00,000.00 (Rupees One Lakh) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.. . Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kuchaikote P.S. Case No. 139 of 2017, subject to the following conditions:

Patna High Court CR. MISC. No.39177 of 2021(2) dt.17-09-2021 3/3

(1) 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. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.1,00,000.00 (Rupees One Lakh) in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) Trivedi/- U T