Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49852 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- TARARI District- Bhojpur ====================================================== Harendra Singh Son Of Dinanath Singh R/O Village- Jarlahi Mathia, P.S.- Vikaram Ganj, District- Rohtash ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-04-2022 The applicant is accused in Crime No. 96 of 2021 registered with Tarari Police Station for the offences punishable under Sections 30(a)/36(1)/41 of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

On the basis of information that illicit liquor is being unloaded from the truck, police raided the spot and found the applicant along with two others unloading the illicit liquor from the truck. The FIR itself shows that the liquor was brought by some other accused persons. Prima facie, it is seen that the applicant was unloading the illicit liquor, might be as a

Patna High Court CR. MISC. No.49852 of 2021(4) dt.22-04-2022 2/3 labour.

As the investigation of the subject crime is over and as the applicant is not having any criminal antecedent, his further pretrial detention is not warranted. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 96 of 2021 registered with Tarari Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be

Patna High Court CR. MISC. No.49852 of 2021(4) dt.22-04-2022 3/3 involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T