Rooplal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32596 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Rooplal Singh S/o Late Basudeo Singh R/o Village- Kalaunda, P.S.- Parnadabar, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list would go to show that 75 liters of country made liquor is said to have been recovered from a sack which was tied on the motorcycle.

4. It is submitted by learned counsel for the petitioner that as a matter of fact no recovery was made from the physical or conscious possession of the petitioner. The motorcycle in question does not belong to the petitioner. There is violation of mandatory provisions of search and seizure. Petitioner has been

Patna High Court CR. MISC. No.32596 of 2025(2) dt.21-05-2025 2/3 languishing in custody since 23.04.2025.

5. Learned APP for the State opposes the prayer for bail on the ground that the petitioner has two criminal antecedents of similar nature of the offence. However, in response, it is submitted that the petitioner is on bail in both the cases.

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Sirdalla P.S. Case No.145 of 2025, subject to the further condition that:

(i) The petitioner shall cooperate in the investigation/trial.

(ii) The one of the bailors will be a family member/close relative.

(iii) The petitioner would appear before the Investigating Officer of the concerned Police Station on an interval of 15 days till the charge sheet is submitted in this case. (iv) The court below shall verify the criminal

Patna High Court CR. MISC. No.32596 of 2025(2) dt.21-05-2025 3/3 antecedent of the petitioner and in case 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, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Trivedi/- U T