Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39586 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Dinesh Singh Son of Rajendra Singh, Resident of Village- Mishir Bigha, Jasoiya More, P.S.- Aurangabad (Town), Dist.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Aurangabad Town P.S. Case No. 89 of 2022 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. As per the prosecution case, total recovery of 106.98 liters of English wine were made in the hotel at Aurangabad. One accused Ramji Ram was apprehended from the said hotel. Learned counsel for the petitioner submits that the name of the petitioner has been figured in the F.I.R. but he was not arrested from the place of occurrence, his name was figured

Patna High Court CR. MISC. No.39586 of 2022(2) dt.27-08-2022 2/3 in this case by virtue of confessional statement of arrested accused namely Ramji Ram. He further submits that petitioner is in custody since 15.06.2022, charge sheet has already filed in this case and there are two criminal cases pending against him. One case relating to excise matter and another is non excise matter. He further submits that in excise matter he has filed bail application which is still pending. He further submits that the apprehended accused Ramji Ram has been granted bail by the Co-ordinate Bench of this Court vide order dated 29.07.2022 passed in Cr. Misc. No. 25295 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Jude, Excise-I Aurangabad in connection with Aurangabad Town P.S. Case No. 89 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.39586 of 2022(2) dt.27-08-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ranjeet/- U T