Shankar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51882 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== SHANKAR KUMAR SINGH Son of Late Ram Sirikh Singh @ Ram Sarikh Singh Resident of Village- Sandwara, Ward No. 3, P.S.- Bajpatti, DistrictSitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical Court.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Bajpatti P.S. Case No. 182 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

Recovery is of 39 liters of Nepali Saufi Wine from the motorcycle of the petitioner.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated

Patna High Court CR. MISC. No.51882 of 2021(2) dt.04-01-2022 2/3 in this case. He further submits that it appears from the FIR that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the motorcycle in question. The petitioner is in custody since 28.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Bajpatti P.S. Case No. 182 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall

Patna High Court CR. MISC. No.51882 of 2021(2) dt.04-01-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Mkr./- U T