Prithvi Singh @ Prithi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51505 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- KARAKAT District- Rohtas ====================================================== Prithvi Singh @ Prithi Singh S/O Vijay Singh @ Vijay Kishore Singh Resident of village- Parsar, P.S.- Karakat, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Karakat P.S. Case No. 138 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, the total recovery of 1296 litre wine has been made from the pickup van in the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner's antecedent is clean and he is in custody since 27.06.2022. He is neither owner nor driver of the

Patna High Court CR. MISC. No.51505 of 2022(2) dt.25-11-2022 2/3 said vehicle. Learned counsel submits that charge sheet has already been filed in this case. Learned counsel further submits that other co-accused persons have been granted bail by the Coordinate Bench of this Court of Cr. Misc. No. 13523 of 2022 and Cr. Misc. No. 44211 of 2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram in connection with Karakat P.S. Case No. 138 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.51505 of 2022(2) dt.25-11-2022 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T