Shantnu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1271 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== Shantnu Kumar Singh, Son of late Abhimanyu Kumar Singh, Resident of Village - Mohiuddinnagar, P.S.- Mohiuddinnagar, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan, Adv.
Ms.Usha Kumari Singh, Adv.
For the Opposite Party/s :
Mr.A. 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 Nayaram Nagar P.S. Case No.139/2020 registered for the offences punishable under Sections 30(a)/32 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is a driver of the vehicle in question from which the alleged recovery of illicit liquor has been made. Learned counsel submits that the allegation against the petitioner is
Patna High Court CR. MISC. No.1271 of 2021(2) dt.12-03-2021 2/3 wholly concocted and baseless. It is submitted that the petitioner is in custody in connection with the present case since 16.08.2020 and prior to the present case he had no criminal antecedent.
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 petitioner is a driver of the vehicle in question, the allegation against him is wholly concocted and baseless and he is in custody in connection with the present case since 16.08.2020, prior to the present case he had no criminal antecedent, 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 Sessions Judge-IIIrd-cumSpecial Judge, Excise Act, Munger in connection with Naya Ram Nagar P.S. Case No.139 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (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
Patna High Court CR. MISC. No.1271 of 2021(2) dt.12-03-2021 3/3 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'.