Satish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4231 of 2021 Arising Out of PS. Case No.-145 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== Satish Singh Son of Dilip Singh Resident of Village- Kopawa, P.S. - Koransarai, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Karansarai P.S. Case No. 145 of 2018, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total 519 liters of foreign liquor has been recovered from the field of co-accused Raghubans Singh and from the house of co-accused Sanjay Singh.

It is submitted on behalf of petitioner that nothing has been recovered either from conscious possession of the petitioner or from the house of the petitioner. Petitioner has been made accused only on suspicion. Petitioner was not arrested on spot. It is further submitted that petitioner has been remanded in this case on 01.09.2020. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.4231 of 2021(2) dt.17-03-2021 2/2 Considering the aforesaid facts and circumstances as well as the fact that nothing has been recovered from conscious possession of petitioner and chargesheet has been submitted, the bail application of petitioner is allowed. Let the above named petitioner 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 A.D.J.-II cum Special Judge, Excise, Buxar in connection with Karansarai P.S. Case No. 145 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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 for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T