Krishna Nandan Singh @ Krishnanand Singh @ Bhola Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38668 of 2023 Arising Out of PS. Case No.-434 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== KRISHNA NANDAN SINGH @ KRISHNANAND SINGH @ BHOLA SINGH Son of Late Prabhu Singh Resident of village- Harpur Mukunda, PSRajapakar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2023 Heard the parties.
The petitioner is in custody in connection with Rajapakar P.S. Case No. 434 of 2022 for the offence under Sections 30(a) of the Bihar Prohibition and excise Act lodged on 11.02.2022 by the informant, Amar Lal Karariya. The prosecution case, in brief, is that the informant got secret information that the petitioner was selling wine from his poultry firm. Upon such information, the informant reached the place of occurrence and saw one person trying to escape. The informant along with police party chased the accused person who however managed to escape. It was further alleged that seizure was made in the poultry firm and total 8.400 litre foreign wine was recovered. Accordingly, the F.I.R.
Patna High Court CR. MISC. No.38668 of 2023(2) dt.07-07-2023 2/3 Learned counsel for the petitioner submits that the recovery is of 8.400 liter foreign wine and is in custody since 27.03.2023 (as stated in paragraph 4 of the petition). Learned APP opposes the prayer for bail.
Considering the aforesaid fact that the recovery is of 8.400 litre foreign wine, he is in custody since 27.03.2023, this Court is inclined to extend him the privilege of bail with conditions.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Excise Court No. 2nd cum Addl. District and Session, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No. 434 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.38668 of 2023(2) dt.07-07-2023 3/3 police station every month for one year to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the application is allowed.
(Rajiv Roy, J) Jagdish/kiran/- U T