Dip Singh @ Deep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1783 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Dip Singh @ Deep Singh Son of Sunahari Lal Resident of Village-Nauranj Pur,Police Station- Korobali, District- Mainpuri(U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar, Adv.

For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Excise Case No. 252 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 264.870 liters of illicit wine has been recovered from a Bolero vehicle, of which, this petitioner was driver and was arrested on the spot. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. Petitioner is driver of the vehicle and was not aware about nature of consignment. Petitioner has got clean antecedent and he is in custody since 18.09.2020.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.1783 of 2021(2) dt.04-03-2021 2/2 well as nature of accusation, let the above named petitioner 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 learned Additinal District and Sessions Judgecum-Special Judge, Excise, Gopalganj in connection with Excise Case No. 252 of 2020, 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