Chhotu Singh @ Natwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22988 of 2018 Arising Out of PS. Case No.-363 Year-2017 Thana- MALSALAMI District- Patna ====================================================== Chhotu Singh @ Natwa S/o-Rampreet Singh R/o-Bundel Toli P.S.-Malsalami, Distt.-Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 70 liters of country made liquor and 16 liters foreign liquor were recovered from the bank of Ganges river. However, none could be apprehended but on the disclosure made by the persons, the petitioner has been made accused along with two others. It is further contended that petitioner has falsely been implicated in this case as nothing has been recovered from his physical possession. It is urged that petitioner is in custody since

Patna High Court Cr.Misc. No.22988 of 2018(2) dt.19-04-2018 2/3 03.03.2018. It is stated in paragraph 3 of the bail petition that the petitioner is also involved in another case of similar nature. Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Malsalami P.S. Case No. 363/17 (Special Case No. 29/18). Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Sr. Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Sr. Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Sr. Superintendent of

Patna High Court Cr.Misc. No.22988 of 2018(2) dt.19-04-2018 3/3 Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Sr. Superintendent of Police upon his appearance. (Dr. Ravi Ranjan, J) Sanjay/- U T