Patna High CourtCR. MISC./66397/2018bail granted

Tipu Singh v. The State Of Bihar

2018-11-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66397 of 2018 Arising Out of PS. Case No.-613 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Tipu Singh S/o Kaushal Narain Singh R/o Vill.-Gandhipath Ward No.21, P.O. + P.S. +Distt.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Special (Excise) Case No. 298 of 2018 arising out of Saharsa Sadar P.S. Case No. 613 of 2018 registered for the offence punishable under Section 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of 7.200 Litres of foreign liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 12.07.2018 in Criminal Miscellaneous No. 41662 of 2018. Petitioner has got no criminal antecedent and is in custody since 07.09.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.66397 of 2018(2) dt.20-11-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Special Judge, Excise Act, Saharsa in connection with Special (Excise) Case No. 298 of 2018 arising out of Saharsa Sadar P.S. Case No. 613 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U