Patna High CourtCR. MISC./43561/2016bail granted

Sachin Kumar Singh @ Gulel Singh v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.43561 of 2016 (2) dt.22-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43561 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Sachin Kumar Singh @ Gulel Singh, son of Sri Shankar Singh R/o Village- Naya Tola, Bakhraur, P.S Sidhwalia, District Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Pandey, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.07.2016 in connection with Sidhwalia P.S. Case No. 56 of 2016 for the alleged offences under Sections 47/49/54/57 of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and in any event, mere possession of foreign liquor does not prima facie constitute the ingredients of the offence alleged in view of the order of this Court dated 30.09.2016 passed in Cr. W.J.C. No. 533 of 2016 (Ram Sumir Sharma vs. The State of Bihar). The recovery had admittedly been made from Palani behind the house and not from the conscious possession of the petitioner. It is further submitted that pending trial the petitioner has been sufficiently punished having already suffered custody since 13.07.2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Gopalganj in

Patna High Court Cr.Misc. No.43561 of 2016 (2) dt.22-10-2016 connection with Sidhwalia P.S. Case No. 56 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T