Sri Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62449 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -MADANPURA District- AURANGABAD ====================================================== Sri Ram Singh, son of Late Jagarnath Singh, Resident of Village - Sadhail, P.S. Madanpur, District Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Madanpur P.S. Case No. 207 of 2017 instituted for the offence under Sections 30(a) and 30(d) of Bihar Excise Prohibition Act. Learned counsel for the petitioner has submitted that seizure has been made under the Pind in village Sadhail situated at Gopi Aahar. The villagers have disclosed the name of this petitioner before the police that he was selling illegal liquor (spirit).

From the seizure list which has been enclosed with the First Information Report it appears that there is no recovery of any liquor from conscious possession of this petitioner. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.62449 of 2017 (2) dt.21-12-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Madanpur P.S. Case No. 207 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers 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 petitioner.

(Sanjay Priya, J) S.Ali/- U T