Chandeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56660 of 2022 Arising Out of PS. Case No.-290 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Chandeshwar Singh, Son of Late Ram Sunder Singh, Resident of villageBaragaiya, P.O- nowan, P.S- Bikramganj, Dist- Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Shekhar, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Bikramganj P.S. Case No. 290 of 2022 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, recovery of 04 liters of country made liquor was made from a hut said to be belonging to the petitioner who fled away form the spot on seeing the police party.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.56660 of 2022(2) dt.24-11-2022 2/3 case. Nothing incriminating has been recovered from the conscious possession of the petitioner, who was not apprehended from the spot. The petitioner is in custody since 09.07.2022 and charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner is having one criminal antecedent. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of liquor said to be recovered and in the light of submission of charge-sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 290 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates

Patna High Court CR. MISC. No.56660 of 2022(2) dt.24-11-2022 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T