Patna High CourtCR. MISC./35622/2020bail granted

Om Prakash Singh v. The State Of Bihar

2020-12-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35622 of 2020 Arising Out of PS. Case No.-238 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Om Prakash Singh Son Of Nagendra Singh Resident of Village - Belahi Lachhi, Rajput Tola, P.S.- Minapur, Distt.-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate For the Opposite Party :

Mr. Ajit Kumar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272,273,120B/34 of the IPC and section 30a of the Bihar Prohibition and Excise Act. 120 liters of spirit is alleged to have been recovered from the car of the petitioner. Petitioner was apprehended on the spot.

Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he has nothing to do with the alleged recovery. Petitioner is not the owner of the car and he has got no criminal antecedent. Charge sheet has also been filed in the case. Petitioner is in custody since 29.6.2020.

Patna High Court CR. MISC. No.35622 of 2020(2) dt.23-12-2020 2/2 Considering the facts of the case, 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 Special Judge, Excise Act Muzaffarpur in Minapur Police Station Case No. 238/2020, on the following conditions:-

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her 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) Shashi U T