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Patna High CourtCR. MISC./55431/2021bail granted

Ratnesh Singh v. The State Of Bihar

2022-02-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55431 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Ratnesh Singh S/O Sri Kishun Singh @ Kirishana Singh R/O VillageGovindpur Singhara (MALPUR Singhara), P.S-Mahua, District-Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2022 Heard both the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Jandaha P.S. Case No.110 of 2021 instituted for the offences under Section 414 IPC & Sections 30(a), 38(1), 41(1) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the name of the petitioner figures in the personal information received by the police relating to the recovery of liquor. Learned counsel submits that the petitioner is neither the owner of the truck nor can he be said in any manner connected with the liquor which was recovered from the concerned truck standing in the field.

Taking into consideration the over all aspect, exfacie

Patna High Court CR. MISC. No.55431 of 2021(2) dt.24-02-2022 2/3 no case under 30(a) of the Excise Act is made out, I am inclined to grant anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to conditions as laid down under section 438 (2) of the Cr.P.C., which are as under:-

1. The applicant, namely, Ratnesh Singh shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,

4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The applicant shall not leave the territory of Vaishali at Hajipur without prior permission of the court, till trial is over;

6. The applicant shall maintain law and order;

7. The applicant shall, at the time of execution of the

Patna High Court CR. MISC. No.55431 of 2021(2) dt.24-02-2022 3/3 bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) amit/- U T