Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53928 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== BHUSHAN SINGH, age about 50 years, Male, Son of Late Shiv Narayan Singh, Resident of Village - RamRamdiniNakkati, P.S.- Matihani, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Informant is a police officer who in his self-statement has stated that on confidential information that large consignments of illicit liquor is being unloaded, he reached the place and on seeing the police, persons assembled there fled away, however, one was apprehended who disclosed that he was driver of the vehicle and two persons who fled away were Bhushan Singh (petitioner) and Kare Singh. Illicit liquor was concealed in the field of Chabila Singh who had given his cultivable field to Roshan Singh on Batiy. Accordingly, four

Patna High Court CR. MISC. No.53928 of 2019(3) dt.01-10-2019 2/3 persons were made accused.

It has been submitted on behalf of the petitioner that neither the place where illicit liquor was kept belongs to him nor he was apprehended on the spot and has been falsely implicated in this case.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Matihani P.S. Case No.32/19 with 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

Patna High Court CR. MISC. No.53928 of 2019(3) dt.01-10-2019 3/3 in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T