Gaurav Kumar Singh @ Gaurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61800 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== GAURAV KUMAR SINGH @ GAURABH KUMAR Son of Lalan Singh Resident of village- Alampur, P.S- Vidyapatinagar, Samstipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Roushan Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Vidyapatinagar P.S. Case No. 55 of 2022, Excise GR No. 360 of 2022, registered for the offences punishable under Section 30(a) of Bihar Excise and Prohibition Act, 2016.

As per prosecution case, there is alleged recovery of 432 litre illicit liquor from the house of the petitioner. Petitioner is not apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 18.08.2022 and bears criminal antecedent of two cases of similar nature and one case different from the present case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the

Patna High Court CR. MISC. No.61800 of 2022(2) dt.04-01-2023 2/3 prosecution evidence. He further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is not apprehended on spot. He further submits that petitioner is quite innocent and falsely implicated in the case. 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 spot, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, 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, after framing of charge on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-1, Samastipur in connection with Vidyapatinagar P.S. Case No. 55 of 2022,G.R. No. 360 of 2022 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.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.61800 of 2022(2) dt.04-01-2023 3/3 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) vashudha/- U T