Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44555 of 2022 Arising Out of PS. Case No.-481 Year-2021 Thana- EKMA District- Saran ====================================================== PRABHAKAR SINGH Son of Jay Singh R/V- Bhuily, P.S- Ekma, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Ekma P.S. Case No. 481 of 2021 registered for the offences punishable under Sections 30(a), 41(i) (ii) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 150 litre country made wine from the place of occurrence and the apprehended co-accused disclosed the name of petitioner and others who fled away from the place of occurrence. Learned counsel for the petitioner submits that petitioner is in custody since 20.05.2022 and bears criminal

Patna High Court CR. MISC. No.44555 of 2022(2) dt.02-09-2022 2/3 antecedent of two cases of similar nature. Learned counsel specifically submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no incriminating article has been recovered from conscious possession of the petitioner. Petitioner is not apprehended on the spot. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise Act, Saran, Chapra in connection with Ekma P.S. Case No. 481 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.44555 of 2022(2) dt.02-09-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T