Suveg Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6963 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- DAGARUA District- Purnia ====================================================== SUVEG SINGH SON OF LAKKHA SINGH R/O - RAJ NAGAR, P.S.- MAILANI, DISTRICT- LAKHIMPUR KHIRI (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 17-04-2021 The defect (s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 6000 litre spirit from a truck which was hidden under the husk.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It is further submitted that petitioner is driver of the said

Patna High Court CR. MISC. No.6963 of 2021(2) dt.17-04-2021 2/3 truck and he had no knowledge regarding the spirit concealed in the truck and he was driving the truck on the instruction of the transporter and was taking the truck to Raxaul. Petitioner has no criminal antecedent and he is in custody since 02.10.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Excise Case No.396 of 2020 arising out of Dagarua P.S. Case No.166 of 2020 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take

Patna High Court CR. MISC. No.6963 of 2021(2) dt.17-04-2021 3/3 steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T