Sohrai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66118 of 2018 Arising Out of PS. Case No.-389 Year-2017 Thana- JAGDISHPUR District- Bhojpur ==================================================== Sohrai Singh Son of Raj Singh Resident of Village- Dulhinganj- KeTola, Jagdishpur, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s:

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Md. Ansarul Haque, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 30(A) of the Bihar Prohibition & Excise Act, 2016, registered in connection with Excise Case No. 5931 of 2017 arising out of Jagdishpur P.S. Case No. 389 of 2017.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 10 litres of Mahua wine from the dickey of two motor cycles. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioner. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court Cr.Misc. No.66118 of 2018(3) dt.04-01-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judg Excise, Bhojpur at Ara, in connection with Excise Case No. 5931 of 2017 arising out of Jagdishpur P.S. Case No. 389 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Chandran/- (Vikash Jain, J) U T