Gulab Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9869 of 2021 Arising Out of PS. Case No.-215 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== Gulab Singh aged about 35 years (Male) Son of Laxmi Narayan Singh R/O Village- Bela Gopi, P.S.- Gaighat, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Gaighat P.S. Case No. 215 of 2020, registered for the offence under Sections 272/273/290/34 of the Indian Penal Code and Section 30(a)/41/56(D) of Bihar Prohibition and Excise Act. 45 liters of foreign liquor has been recovered from the hut of the petitioner and petitioner has been alleged to have fled away after seeing the police party.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. Petitioner has got no concerned with the alleged recovery. Petitioner claims clean antecedent and he is in custody since 24.09.2020. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.9869 of 2021(2) dt.25-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 215 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

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

(Prabhat Kumar Singh, J.) anay U T