Narendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37411 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== NARENDRA SINGH S/o Gurudeo Singh Resident of village- Daher P.S. Chamkaur Saheb District- Rup Nagar (Roper) (P.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Excise Case No. 922/2018, arising out of Ara Nawada P.S. Case No. 364/2018, instituted for offences under Sections 30(a), 38(1)(2), 41(1) (II) and 47 of the Bihar Prohibition and Excise Act. Earlier prayer for bail of petitioner was rejected by this Court vide order dated 26.10.2018 passed in Cr. Misc. No. 63686/2018 with liberty to renew prayer for bail after six months if no substantial progress is made in trial. It is alleged in the written report that total 3438.72 litres of illicit foreign liquor, 596 pieces of Usha Shewing Machine and different types of mobile sets were recovered from the truck of this petitioner. Petitioner is the driver-cum-owner of

Patna High Court CR. MISC. No.37411 of 2019(4) dt.17-07-2019 2/3 the aforesaid truck.

Report from the court below regarding stage of trial has been received, wherein it is mentioned that charge has not been framed in this case.

Petitioner is in custody since 29.05.2018.

Keeping in view the period of custody spent by petitioner, prayer of the petitioner for grant of bail is allowed. 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 Special Judge, Excise, Bhojpur, Ara, in connection with Excise Case No. 922/2018, arising out of Ara Nawada P.S. Case No. 364/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence

Patna High Court CR. MISC. No.37411 of 2019(4) dt.17-07-2019 3/3 in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T