Prince Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52318 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- SIKTA District- West Champaran ====================================================== Prince Kumar Singh S/O Pappu Singh Chailabhar Ps Majhauliya District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 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 Sikta P.S. Case No. 83 of 2022 lodged under Sections 272, 273 of the I.P.C. read with Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 88.800 litres of Nepali desi wine used to be made in this case. Learned counsel for the petitioner submits that there are 2 motorcycles involved in the present case. The petitioner is related to the first motorcycle from which the recovery of 44.700 litres of wine was made. Learned counsel further

Patna High Court CR. MISC. No.52318 of 2022(2) dt.14-10-2022 2/3 submits that petitioner is in custody since 30.05.2022 having one criminal case pending against him in which he is on bail. Learned counsel further submits that the other co-accused of this case who was alleged to sit on the said motorcycle, Pawan Kumar has been granted bail by this Court.

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, Excise, Bettiah, West Champaran in connection with Sikta P.S. Case No. 83 of 2022, 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.52318 of 2022(2) dt.14-10-2022 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.) sadique/- U T