Jhunnu Singh @ Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.8774 of 2021 Arising Out of PS. Case No.-226 Year-2019 Thana- TARARI District- Bhojpur ====================================================== JHUNNU SINGH @ RAJ KUMAR SINGH Son of Rambahadur Singh Resident of Village - Karath, P.S. - Tarari, District - Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-04-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Tarari P.S. Case No. 226/2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

As per the prosecution story, on secret information the informant along with police personnel raided the house of the accused persons from where total 386 pieces each containing 180 ml. illicit liquors were recovered.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.8774 of 2021(2) dt.30-04-2021 2/3 petitioner has been falsely implicated in this case, his name has transpired in the confessional statement of the co-accused and the co-accused persons have been granted bail by learned coordinate Bench of this Court in Cr. Misc. No. 2277/2020. Learned counsel submits that petitioner is in custody since 28.09.2019 having no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is stated that the name of the petitioner has transpired in the confessional statement of the co-accused, the petitioner has no criminal antecedent and he has remained in jail in connection with the present case since 28.09.2019, investigation against him is complete and the co-accused have been granted bail in Cr. Misc. No. 2277/2020 vide order dated 16.01.2020, this Court directs release of the petitioner abovenamed on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge - IV, Excise Act, Bhojpur at Ara in connection with Tarari P.S. Case No. 226/2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

Patna High Court CR. MISC. No.8774 of 2021(2) dt.30-04-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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 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. (Rajeev Ranjan Prasad, J) arvind/vats U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.