Munni Singh @ Munirka Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53665 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== MUNNI SINGH @ MUNIRKA SINGH, Son of Late Makhan Singh Resident of Village- Madhopur (Maruwa Dih), P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhuban P.S. Case No.97 of 2021, registered for the offence under Sections 272, 273 of the IPC and Sections 30(a), 32, 41(i) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is that the petitioner has kept foreign liquor in his house and used to sell. Learned counsel for the petitioner submits that he has clean antecedent and has falsely been implicated in the present

Patna High Court CR. MISC. No.53665 of 2021(3) dt.04-04-2022 2/3 case. He further submits that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the abandoned open house of the petitioner which is near the residential house of the petitioner and police after investiagation submitted charge-sheet agaisnt the petitioner and the petitioner is in custody since 10.07.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the fact 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 Special Judge, Excise Act, East Champaran, Motihari in connection with Madhuban P.S.Case No.97 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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

Patna High Court CR. MISC. No.53665 of 2021(3) dt.04-04-2022 3/3 for cancellation of bail.

And, further condition that the court below shall 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T