Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46009 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SUDHIR KUMAR SINGH Son of Late Shiv Kumar Singh Resident of Village - Nikumbh Semri, P.S.- Mashrakh, Distt.- Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Satyendra Kumar Srivastava, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with I.A. No. 01 of 2021 in CIS No. 811 of 2021 arising out of Gaya Excise Case No. 128 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 621 liters of foreign liquor.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact,

Patna High Court CR. MISC. No.46009 of 2021(2) dt.13-12-2021 2/3 nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been taken effect from a Pickup Van bearing registration No. RJ10GB3218. Though the petitioner is said to be driver of the vehicle in question, he was not aware as to what materials have been loaded on the vehicle in question. He has no concern with the alleged recovery. The petitioner is rotting in judicial custody since 02.04.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Additional District and Sessions Judge-II -cumSpecial Judge, Excise Act, Gaya in connection with Gaya Excise Case No. 128 of 2021 with 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 canceled

Patna High Court CR. MISC. No.46009 of 2021(2) dt.13-12-2021 3/3 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T