Akash @ Sanni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35519 of 2020 Arising Out of PS. Case No.-325 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== Akash @ Sanni Son of Vishaw Ranjan Singh @ Mithlesh Singh @ Mithlesh Kumar Singh Resident of Village - Kulhariya, P.S.- Koilwar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.S.Ehteshamuddin,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Excise Case No. 1086 of 2020, arising out of Koilwar P.S. Case No. 325 of 2020, registered for the offence under Sections 272, 273, 406, 420, 120(B) of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 3402.36 liters of foreign liquor has been recovered from the house of co-accused Braj Kishore Singh and petitioner is said to be the kingpin of the gang.

It is submitted on behalf of petitioner that nothing has been recovered from the physical possession or premises of the petitioner. In fact, at the time of raid, petitioner was in custody

Patna High Court CR. MISC. No.35519 of 2020(2) dt.22-12-2020 2/2 in connection with Charpokhari P.S. Case No. 126 of 2020 and from said case, he has been remanded in the present case on 21-08-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judgecum-Special Judge, Excise, Bhojpur, Ara, in connection with Excise Case No. 1086 of 2020, arising out of Koilwar P.S. Case No. 325 of 2020 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay/- U T