Patna High CourtCR. MISC./68558/2021bail granted

Anil Singh v. The State Of Bihar

2022-04-22Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68558 of 2021 Arising Out of PS. Case No.-170 Year-2021 Thana- ISUAPUR District- Saran ====================================================== ANIL SINGH Son of Late Sakaldev Singh Resident of Village - Gangoi, P.S. Ishaupur, District - Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-04-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 31.08.2021, seeks regular bail in connection with Ishuapur P.S. Case No. 170 of 2021, for the offence punishable under Sections 30, 30(a), 27(b)(c) of Bihar Excise Act, 2016.

The allegation is of recovery of 15 litres of country made liquor from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioner. The petitioner is

Patna High Court CR. MISC. No.68558 of 2021(4) dt.22-04-2022 2/3 in custody since 31.08.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner and submits that petitioner is habitual criminal, who is involved in several excise cases earlier to the present case as such he does not deserve to be released on bail.

Considering the nature of allegation as well as the period of custody undergone, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. One Lakh with two sureties of the like amount each to the satisfaction of the learned A.D.J-II-cum-Special Judge, Excise, Saran at Chapra in connection with Ishuapur P.S. Case No. 170 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.68558 of 2021(4) dt.22-04-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The Court below is directed to verify the criminal antecedent of the petitioner and if the petitioner is found accused in any other case, as mentioned in paragraph No.3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T