Anish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1832 of 2021 Arising Out of PS. Case No.-65 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Anish Kumar Singh Son of Chandraket Singh Resident of Village - Sirsa Ram Rai, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in C2A Case No. 65 of 2019, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 369 litres of Indian made foreign liquor has been recovered from chaff room (Bhusa Ghar) situated behind the house of petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Recovery has been made from chaff room (Bhusa Ghar) which is accessible to general public. There is no allegation of tampering with the evidence against this petitioner. The provision of section 100 Cr.P.C has

Patna High Court CR. MISC. No.1832 of 2021(2) dt.08-03-2021 2/2 not been followed. Petitioner is in custody since 08.08.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in connection with C2A Case No. 65 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T