Surendra Pal Singh @ Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5903 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- MUSRIGHRARI District- Samastipur ====================================================== Surendra Pal Singh @ Surendra Singh, Son Of Gurudev Singh, Resident Of Village - Barwara, P.S. - Ramgarh, District - Alwar, State - Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Pradeep Narayan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-06-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Musrigharari P.S. Case No.97 of 2020 registered for the offence punishable under Sections 272 and 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 4543.200 litres illicit liquor has been recovered from a truck. The petitioner is alleged to be the Cleaner of the truck.

Patna High Court CR. MISC. No.5903 of 2021(2) dt.23-06-2021 2/3 It is submitted by the petitioner's counsel that from the prosecution case, it is apparent that the liquor was concealed in rice dust. Petitioner has no idea that the truck for which he is lending his professional services as a Cleaner is carrying any intoxicant. The petitioner has no criminal antecedents and is in custody since 06.09.2020.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-II-Cum Special Judge, Excise, Samastipur, in connection with Musrigharari P.S. Case No.97 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.5903 of 2021(2) dt.23-06-2021 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T