Force Singh @ Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54377 of 2022 Arising Out of PS. Case No.-371 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== FORCE SINGH @ SURAJ SINGH S/o Munilal Singh @ Bachhu Singh @ Arvind Singh R/o village- Mission Chowk @ Mahavir Chowk, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 371/2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

As per prosecution case, there is alleged recovery of total 630 liters foreign liquor from different vehicles. Apprehended co-accused disclosed the name of petitioner and others who fled away from the place of occurrence. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.54377 of 2022(2) dt.21-10-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 06.08.2021 and bears criminal antecedent of 03 cases which is not similar to the present case. The petitioner has neither concerned with the said liquor nor concerned with the seized vehicles. Seizure list has not been made as per law. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Sheikhpura in connection with Sheikhpura P.S. Case No. 371/2019, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.54377 of 2022(2) dt.21-10-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T