Patna High CourtCR. MISC./1289/2021bail granted

Manoj Singh v. The State Of Bihar

2021-03-12Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1289 of 2021 Arising Out of PS. Case No.-182 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== MANOJ SINGH, Son of Late Bhola Singh, Resident of Village - Itimha, Police Station - Nasriganj, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-03-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Nasriganj P.S. Case No.182 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that nothing has been recovered from the conscious possession of the petitioner. He submits that the house in question from which the recovery has been made is a joint family house.

Patna High Court CR. MISC. No.1289 of 2021(2) dt.12-03-2021 2/3 Learned counsel submits that the seizure list witnesses are the members of the raiding party and as such there is no independent seizure list witness. It is submitted that the petitioner has otherwise no criminal antecedent and he has remained in jail in connection with the present case since 01.07.2020. Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the house in question is a joint family house, the seizure list witnesses are the members of the raiding party and as such there is no independent seizure list witness and further that the petitioner has otherwise no criminal antecedent, he has remained in jail in connection with the present case since 01.07.2020, investigation against him is complete and further incarceration of the petitioner is not likely to come in aid of the investigation/prosecution, let the petitioner above named be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IInd-cum-Special Judge, Excise Act, Rohtas at Sasaram in connection with Nasriganj P.S. Case No.182 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.1289 of 2021(2) dt.12-03-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.