Nihal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43720 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Nihal Singh Son of Green Singh 2.

Vikash Singh Son of Badshah Singh Both Resident of Village - Khawajepur, P.S.- Yadopur, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Sufyan, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

From a four-wheeler 135 liters of liquor was recovered. The petitioners were sitting in that four-wheeler and were apprehended on the spot. They are in custody since 12.06.2019.

Considering the facts aforesaid and especially the fact that petitioner No.1 Nihal Singh has no criminal antecedent, let him be released on bail after conclusion of

Patna High Court CR. MISC. No.43720 of 2019(2) dt.16-07-2019 2/2 investigation on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Excise Case No.194 of 2019. Petitioner No.2 Vikash Singh has one identical criminal antecedent. Hence, let him be released on bail only if the trial of the case is not concluded within a period of six months on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Excise Case No.194 of 2019 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T