Mithlesh Singh @ Engineer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40047 of 2022 Arising Out of PS. Case No.-415 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mithlesh Singh @ Engineer Son of Nandu Singh, Resident of Village - Ekara, P.S.- Hajipur Sadar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 415 of 2022 alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution, total 596.160 litres of foreign liquor were alleged to be recovered from one pick-up van. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 05.06.2022 having clean antecedent.

Patna High Court CR. MISC. No.40047 of 2022(2) dt.27-08-2022 2/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the 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 the Exclusive Special Excise Court No.1 -cum- Additional District & Sessions Judge, Hajipur at Vaishali in connection with Hajipur Sadar P.S. Case No. 415 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 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall 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

Patna High Court CR. MISC. No.40047 of 2022(2) dt.27-08-2022 3/3 this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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