Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45598 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- BYPASS District- Patna ====================================================== Arvind Singh, S/O Late Ram Nihora Singh @ Late Ram Nirora Singh @ Fani Singh, Resident of village- Lal Tola, P.S.- Khajekala, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shovendra Kumar, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Bypass P.S. Case No. 36 of 2022 registered for the alleged offences under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act.

As per prosecution case, the police received information about five persons sitting in a tempo and creating ruckus. All of them were apprehended and they were found to be in inebriated condition. They were put to breathe analyzer test and the tempo was searched. Total 200 litres of country made liquor was seized from the tempo. During the search and

Patna High Court CR. MISC. No.45598 of 2022(3) dt.23-11-2022 2/3 the seizure, petitioner and co-accused confessed that they were involved in purchase and sale of the illicit liquor. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is neither the driver nor the owner of the tempo and has nothing to do with the articles kept in the tempo. The similarly situated co-accused persons namely, Suraj kumar and Pappu Paswan have been granted bail by this Court vide orders dated 01.07.2022 and 22.07.2022 passed in Cr. Misc. Nos. 14244 of 2022 and 17954 of 2022, respectively. The charge-sheet has been submitted. The petitioner is in custody since 26.01.2022 and is having clean antecedent. Learned APP opposes the prayer for bail.

Having regard to the submissions made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner along with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna City in connection with Bypass P.S. Case No. 36 of 2022, subject to the following conditions :

Patna High Court CR. MISC. No.45598 of 2022(3) dt.23-11-2022 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T