Dinesh Singh @ Dineshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40860 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Dinesh Singh @ Dineshwar Singh, son of Late Ramdeo Singh, Resident of Village Narullahan, P.S. Sangrampur, District East Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Excise Case No.120 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 8600 liters Sushav (country made liquor) was recovered from the house of the petitioner. It is submitted that the said portion of the house was given to one Mukesh Kumar Singh. It is further submitted that the Kirayanama is annexed as Annexure-2 to this bail

Patna High Court CR. MISC. No.40860 of 2020(2) dt.24-11-2021 2/3 petition.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Petitioner is agreed to deposit a sum of Rs.50,000/- (rupees fifty thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No. 2065104000002257, IFSC IBKL 0002065, IDBI Bank, Kidwaipuri Branch, Patna.

In the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender within a period of six weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No.120 of 2020, subject to the conditions:

(1) Laid down under Section 438(2) of the Cr.P.C.

(2) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the

Patna High Court CR. MISC. No.40860 of 2020(2) dt.24-11-2021 3/3 learned court below for cancellation of his bail bonds.

(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.50,000/- (rupees fifty thousand) in the Chief Minister Relief Fund Bihar.

(Anjani Kumar Sharan, J.) Sanjay/- U T