Suryamani Kumar Singh @ Gopu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68733 of 2021 Arising Out of PS. Case No.-118 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Suryamani Kumar Singh @ Gopu Son of Shivpujan Singh Resident of village - Chechar, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Special Case No. 5260 of 2021 arising out of Salimpur P.S. Case No. 118 of 2021 registered for the offences punishable under Sections 30(a), 32(1)(2)(3), 41(1) of Bihar Prohibition and Excise Act, 2016 and Section 467, 468, 471, 414 of the Indian Penal Code. Recovery is of 2394 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, nothing has

Patna High Court CR. MISC. No.68733 of 2021(2) dt.09-03-2022 2/3 been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the Truck in question. The petitioner has no concern with the alleged recovery and the truck in question. He further submits that on the basis of suspicion, the petitioner has been apprehended in this case and the police has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 27.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 5260 of 2021 arising out of Salimpur P.S. Case No. 118 of 2021 with the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.68733 of 2021(2) dt.09-03-2022 3/3 bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T