Patna High CourtCR. MISC./53272/2023bail granted

Ashok Singh v. The State Of Bihar

2023-08-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53272 of 2023 Arising Out of PS. Case No.-146 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== ASHOK SINGH SON OF MUNSI SINGH VILLAGE MANI CHAPRA, PS. CHAKIYA, DIST- EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 15.07.2023 seeks bail, in connection with Chakia P.S. Case No.146/2021, dated 18.06.2021, for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. According to prosecution case, total 12.6 litres of foreign liquor has been recovered from the bamboo orchard.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that from bare perusal of the F.I.R. as well as seizure list, it appears that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the bamboo orchard of Munshi Singh and the petitioner has no concern at all with the alleged recovery of illicit liquor and merely on the basis of

Patna High Court CR. MISC. No.53272 of 2023(2) dt.19-08-2023 2/3 disclosure made local villagers, the name of the petitioner has been implicated in the present case. The petitioner is in custody since 15.07.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried five criminal antecedent other than the present one.

6. Considering the aforesaid facts and circumstances, 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 Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Chakia P.S. Case No.146/2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the

Patna High Court CR. MISC. No.53272 of 2023(2) dt.19-08-2023 3/3 court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T