Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49898 of 2022 Arising Out of PS. Case No.-150 Year-2022 Thana- AMJOR District- Rohtas ====================================================== Yogendra Singh, S/O Late Sitaram Singh, Resident of Village- Bhisra Chandanpura, P.S.- Amjhor, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Rohtas (Amjhor) P.S. Case No. 150 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, two persons were apprehended with 31 litres of country made liquor and they disclosed the name of this petitioner who fled away from the spot when the police was trying to apprehend them. Learned counsel for the petitioner submits that the petitioner has no concern with the co-accused or the recovery

Patna High Court CR. MISC. No.49898 of 2022(2) dt.22-11-2022 2/3 made. It is clear from the FIR that five persons were carrying the bag which does not appear to be believable. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his possession. The petitioner is in custody since 24.05.2022 and the charge-sheet has been submitted.

Learned APP opposes the prayer for bail submitting that petitioner is a habitual offender and two cases of similar nature are pending against him.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Rohtas at Sasaram in connection with Rohtas (Amjhor) P.S. Case No. 150 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already

Patna High Court CR. MISC. No.49898 of 2022(2) dt.22-11-2022 3/3 framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T