Abdhesh Singh @ Abdhesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56936 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== 1.

ABDHESH SINGH @ ABDHESH KUMAR SINGH SON OF ARJUN SINGH Resident of Village - Pandaul Bazar Shivaji Nagar, P.s.- Pandaul, Distt.- Madhubani.

2.

Rohit Kumar Ray Son of Vinod Ray Resident of Village - Chauri, Rai Tola, P.S.- Sakri, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.App.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Petitioners seeks bail in a case registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition & Amendment Excise Act, 2018.

Informant who is an excise official has alleged in the complaint that on receiving information that illicit liquor is being transported on a four-wheeler, he reached the spot and saw said vehicle coming and from said vehicle, 491.4 liter of illicit liquor was recovered and two persons were arrested from the spot.

It is submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case as the

Patna High Court CR. MISC. No.56936 of 2021(2) dt.30-03-2022 2/3 actual culprits fled away and since they are local residents and present there, they were arrested. In spite of having prior information there are no independent seizure list witness. Petitioners have no criminal antecedent and they are in custody since 18.08.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with G.O. Case No. 248 of 2021 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in

Patna High Court CR. MISC. No.56936 of 2021(2) dt.30-03-2022 3/3 similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T