Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35420 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- ISUAPUR District- Saran ====================================================== RAJENDRA SINGH SON OF LATE CHANDRAMA SINGH RESIDENT OF VILLAGE- USARI KALA, P.S.- ISUAPUR, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Isuapur P.S. Case No. 99 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, There is alleged recovery of 100 litres of country made Mahua liquor from the place of occurrence. Petitioner is apprehended on spot. Learned counsel for the petitioner submits that petitioner is in custody since 19.05.2022. Petitioner bears one criminal antecedent of similar nature. Learned counsel further

Patna High Court CR. MISC. No.35420 of 2022(2) dt.12-08-2022 2/3 submits that nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submits that the petitioner is quite innocent and has falsely been implicated in this case by the police at the instance of local Mukhiya due to election dispute.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Judge Excise, Saran, Chapra in connection with Isuapur P.S. Case No. 99 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for

Patna High Court CR. MISC. No.35420 of 2022(2) dt.12-08-2022 3/3 cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T