Bhairo Singh @ Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44637 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Bhairo Singh @ Anil Kumar Singh S/O Shri Sarikhan Singh R/O VillageChaknasir, P.S-Patepur, District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 6.5.2021seeks regular bail in connection with Patepur P.S. Case No. 93 of 2021 registered for the offence punishable under section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. Prosecution case in brief is that on confidential information, a raid was conducted in village Chakansir and huge quantity of liquor total about 234 liters was recovered from the place of occurrence, out of which 171 liters was recovered from Dalan of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.44637 of 2021(2) dt.11-01-2022 2/3 possession of the petitioner rather he has been roped in the present case due to local politics as Paccs election was going on in the locality. It has further been stated that the Dalal is the joint family property and the petitioner has no concern with the alleged quantity recovered from the same locality. Learned counsel further submits that petitioner is in custody since 6.5.2021 and he is man of means and has clean antecedent.

Learned counsel appearing on behalf of the State has opposed the prayer for grant of bail to the petitioner. Considering the above mentioned facts and circumstances, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Excise, Vaishali at Hajipur in connection with Patepur P.S. Case No. 93 of 2021 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.44637 of 2021(2) dt.11-01-2022 3/3

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T