Vikash Kumar Singh @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56999 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== 1.
Vikash Kumar Singh @ Vikash Singh Son of Umesh Kumar Singh @ Umesh Singh R/V- Laskariya, P.S- Jaynagar, Dist- Madhubani 2.
Baua Singh @ Birendra Singh Son of Ram Narayan Singh R/V- Belakahi, P.S- Khajauli, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Adv.
For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, 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 petitioners and learned A.P.P. for the State through virtual mode.
The petitioners seek regular bail in connection with Khajauli P.S. Case No. 133 of 2022, lodged under Sections 272, 273, 414 and 34 of Indian Penal Code read with Sections 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, the total recovery of 405 liter of country-made Nepali liquor has been made, which is subject matter of the present case.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.56999 of 2022(2) dt.02-12-2022 2/3 said recovery was made from the possessions of other named accused persons. Learned counsel also submits that antecedent of the petitioners are clean and they are in custody since 03.08.2022 and charge-sheet has already been filed in this case. 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 petitioners 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 2nd Additional Sessions Judge-cumSpecial Judge Excise Act, Madhubani in connection with Khajauli P.S. Case No. 133 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioners 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 their bail bonds.
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.56999 of 2022(2) dt.02-12-2022 3/3 petitioners.
C. The petitioners shall file an affidavit at the time of furnishing of bail bonds that they shall not involve in such criminal activity during the continuance of present bail bonds, violation of this condition shall be resulted into cancellation of their present bail bonds.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J) ritik/- U T