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Patna High CourtCR. MISC./39567/2022bail granted

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

2022-08-27Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39567 of 2022 Arising Out of PS. Case No.-698 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sanjeev Kumar Singh @ Sanjeev Singh @ Sanjeev Kumar Son Of Late Amir Singh @ Late Amrendra Pd. Singh, Resident Of Ramdiri, P.S. Matihani, At Present R/O Doctor P. Gupta Road Ratanpur Ward No. 20, P.S.- Town (ratanpur O.P.), District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan 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 Town (Ratanpur O.P.) P.S. Case No. 698 of 2021 alleged under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2016.

As per the prosecution, total 71.1 litres of foreign liquor were alleged to be recovered in this case. Learned counsel for the petitioner submits that the

2/4 said recovery is alleged to be made from the joint family and at a place which were easy assessable for all the persons living there. He further submits that charge sheet has already been filed in this case and petitioner is in custody since 30.04.2022. On the point of the criminal antecedent, he submits that there are two cases pending against the petitioner but both the cases are of other nature in which petitioner is on bail. 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 learned Special Judge, Excise Act, Begusarai in connection with Town (Ratanpur O.P.) P.S. Cas No. 698 of 2021, subject to the conditions as laid down under Section 437(3) 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.

3/4 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.

Speedy trial is the constitutional vision of justice. In the present case, there are three cases pending against the present petitioner, namely, (i) Begusarai Town P.S. Case No.430 of 2014, (ii) Begusarai Town P.S. Case No.421 of 2013 and (iii) Town (Ratanpur) P.S. Case No.698 of 2021.

Almost all cases are relating to different Police Station of Begusarai District. The District and Sessions Judge, Begusarai is directed to order so that all pending cases against the petitioner shall run before one Court, that is to say, all magisterial trial cases before one Magistrate with one date, all sessions triable cases before one Sessions Judge with one date and all special court cases before the said Special Court with one date.

Let one copy of this order directed to be placed before

4/4 the District and Sessions Judge, Begusarai for perusal and necessary compliance.

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