Surjeet Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52013 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Surjeet Pratap Singh, Son of Gajendra Prasad Singh, Resident of Village - Mukundpur Bhath, P.S. - Jandaha, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Nand Kumar, 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 Excise Case No. 86 of 2022 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case, recovery of 262.800 litres of India made foreign liquor was made from a Scorpio vehicle being driven by this petitioner who was apprehended at the spot. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.52013 of 2022(2) dt.22-11-2022 2/3 case. The petitioner has nothing to do with the vehicle in question or the recovery made from it. He has taken lift in the seized vehicle as the bus from which he was going had a breakdown. The petitioner has no knowledge about the contraband kept in the vehicle. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner is in custody since 16.07.2022 and charge-sheet has been submitted. The petitioner has got no criminal history.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner and further considering the period of custody of the petitioner along with the submission of charge sheet 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 court of Additional District and Sessions Judge-VI-cum-Special Excise Court-II, Gopalganj in connection with Excise Case No. 86 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.52013 of 2022(2) dt.22-11-2022 3/3 the petitioner.

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

(iii) 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