Keshav Singh @ Keshav Kumar Singh @ Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54807 of 2022 Arising Out of PS. Case No.-170 Year-2021 Thana- PATAHI District- East Champaran ====================================================== Keshav Singh @ Keshav Kumar Singh @ Keshav Kumar Son of Late Umeshwar Singh Resident of Village - Khutauna, P.S.- Patahi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Patahi P.S. Case No. 170 of 2021 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 54 litre wine is the subject matter of the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the petitioner has not been apprehended from the place of occurrence. Counsel submits that nothing was

Patna High Court CR. MISC. No.54807 of 2022(2) dt.25-11-2022 2/3 recovered from his possession. Counsel furthers submits that his name has figured in this case by virtue of the disclosure made by the villagers. Counsel submits that petitioner is in custody since 14.07.2022, charge sheet has already been filed in this case. Counsel further submits that there are 3 criminal cases pending against the petitioner in which he is on bail. Learned counsel for the State opposes the prayer for bail.

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 Special Judge, Excise Court No.-2, Motihari, East Champaran in connection with Patahi P.S. Case No. 170 of 2021, 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 resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall

Patna High Court CR. MISC. No.54807 of 2022(2) dt.25-11-2022 3/3 file affidavit before the court about his relation 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.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T