Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28955 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== Rahul Singh, Son of Manoj Singh @ Manoj Ray, Resident of VillageHariharpur, Police Station Jadopur (Yadavpur), District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Mr. Md. Matloob Rab, learned APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with

Patna High Court CR. MISC. No.28955 of 2020(2) dt.09-11-2020 2/3 Jadopur (Yadavpur) P.S. Case No.52 of 2019 corresponding to Trial No. 3810/2020 (Excise) registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

192 litres illicit liquor is said to have been recovered from a four-wheeler and there is one more case of similar nature pending against the petitioner since before. The petitioner's prayer for bail was earlier rejected on 27.02.2020 in Cr. Misc. No.8482 of 2020 with liberty to the petitioner to renew his prayer for bail after framing of charges.

It is submitted by the petitioner's counsel that charges have been framed.

Learned APP for the State has opposed the prayer for bail.

Considering the submissions of the rival parties, this Court is inclined to allow the petitioner's prayer for bail.

Accordingly, let the petitioner, above named, 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 the learned Additional Sessions Judge-II-

Patna High Court CR. MISC. No.28955 of 2020(2) dt.09-11-2020 3/3 Cum-Special Judge, Excise, Gopalganj, in connection with Jadopur (Yadavpur) P.S. Case No.52 of 2019 corresponding to Trial No.3810/2020 (Excise), 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 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T