Indal Sah @ Indal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32515 of 2022 Arising Out of PS. Case No.-19 Year-2020 Thana- HATHUA District- Gopalganj ====================================================== Indal Sah @ Indal Singh S/o Mahesh Sah R/o village- Turakpati, P.S.- Hathua, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

This is the third attempt of the petitioner for obtaining regular bail in connection with Hathuwa P.S. Case No. 19 of 2020 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016 and Sections 467, 468, 471 of the Indian Penal Code. He is in custody since 25.02.2020. He has eight criminal antecedents.

Earlier the prayer for bail of the petitioner was rejected vide order dated 24.11.2021 in Cr. Misc. No. 45999 of 2021 with an observation that if the trial is not concluded within six months for no reason attributable to the petitioner, he may renew his prayer for bail.

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

Having regard to the observations of this Court in the order dated 24.11.2021 passed in Cr. Misc. No. 45999 of 2021,

Patna High Court CR. MISC. No.32515 of 2022(4) dt.18-01-2023 2/2 this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Gopalganj in connection with Hathuwa P.S. Case No. 19 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T