Parmjit Singh @ Paramjit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53041 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Parmjit Singh @ Paramjit Singh Son Of Shyam Bihari Singh R/O VillageDhaudad, P.S.- Sasaram (MUFFASIL), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Adv.
For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-10-2022 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.
The petitioner seeks regular bail in connection with Sasaram (Muffasil) P.S. Case No. 22 of 2022 lodged under Sections 30(a) of Bihar Prohibition & Excise Amendment Act, 2018.
As per the prosecution case, total recovery of 8 liters of mahua wine has been made in this case.
Learned counsel for the petitioner submits that the was not apprehended from the place of occurrence rather the said recovery has been done near the brick kiln. He further submits that his name has been figured in this case by virtue of
2/4 confessional statement of the local people. He further submits that petitioner is in custody since 29.04.2022 having 2 criminal cases pending against him and he is on bail in all the cases. Learned counsel for the petitioner submits that all the cases are relating to the Bihar Prohibition & Excise Amendment Act, 2018.
Learned counsel for the State opposes the prayer for bail and submits that petitioner has criminal antecedent. 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 Excise Court No. 2-cum-Additional District & Sessions Judge, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 22 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.
3/4 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the 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.
Speedy trial is the constitutional vision of justice. Admittedly, there are in total 3 criminal cases (including the present one) pending against the petitioner which belongs to the District and Sessions Judge, Sasaraam which are as follows: i. Sasaram (Muffasil) P.S. Case No. 382 of 2021 ii. Sasaram (Muffasil) P.S. Case No. 73 of 2021 iii. Sasaram (Muffasil) P.S. Case No. 22 of 2022 (present case).
Let the District and Sessions Judge, Sasaraam is directed to do the needful so that all the magisterial triable cases or sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment, shall run before one Session Court with one date. Let the copy of this order is communicated to the
4/4 District and Sessions Judge, Sasaraam for perusal and necessary compliance.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T