Sandeep Kumar @ Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39250 of 2022 Arising Out of PS. Case No.-55 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== SANDEEP KUMAR @ SANDEEP KUMAR SINGH S/O RAM RATAN SINGH Resident of Village- Mahudee, P.S.- Champaran, DistrictHazaribagh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-08-2022 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 Daudnagar P.S. Case No. 55 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 560.40 litre illicit country made liquor from the Maruti car in question.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and during course of

Patna High Court CR. MISC. No.39250 of 2022(2) dt.23-08-2022 2/3 investigation, name of present petitioner has been sprang up at para 125, 126, 127, 150, 196, 197, 200 and 201 of the case diary, as mentioned in the impugned order. Petitioner is in custody since 04.06.2022 and bears no criminal antecedent. Learned counsel specifically submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is neither owner nor driver of the vehicle in question and he has falsely been implicated in this case.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, petitioner is not named in the FIR, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge cum Special Judge (Excise), Aurangabad in connection with Daudnagar P.S. Case No. 55 of

Patna High Court CR. MISC. No.39250 of 2022(2) dt.23-08-2022 3/3 2018, 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 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) shahzad/- U T