Jari Singh @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55359 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- GUTHANI District- Siwan ====================================================== Jari Singh @ Ajit Singh Son Of Dhruv Singh R/O Village- Janjirha, P.O.- Janjirha, P.S.- Bankata, Distt.- Deoria (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Shahi, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 through virtual mode.

The petitioner seeks regular bail in connection with Guthani P.S. Case No. 217 of 2022, lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, the total recovery of 104.400 liter of wine has been made, which is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 02.09.2022 and charge-sheet has already been filed in this case. Learned counsel

Patna High Court CR. MISC. No.55359 of 2022(2) dt.02-12-2022 2/3 also submits that petitioner has been falsely implicated in this case and, he has not been apprehended from the place of occurrence but his name has figured in this case only due to the reason of 6 criminal cases pending against the petitioner but he is on bail in all 6 cases.

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 Exclusive Special Excise Judge-01, Siwan in connection with Guthani P.S. Case No. 217 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.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.55359 of 2022(2) dt.02-12-2022 3/3 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) ritik/- U T