Sandeep Kumar @ Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58973 of 2022 Arising Out of PS. Case No.-154 Year-2022 Thana- DINARA District- Rohtas ====================================================== Sandeep Kumar @ Sandeep Kumar Singh, Son of Kameshwar Singh Resident of Village - Maruan, P.S.- Dinara, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. 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 Dinara P.S. Case No. 154 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, during regular checking of vehicle, a car was intercepted by the police after chase. The petitioner and the co-accused left the car and fled away from the spot. The petitioner and co-accused persons were identified by the local Chowkidar. Recovery of 163.605 liters of India made foreign liquor was made from the said car.

Patna High Court CR. MISC. No.58973 of 2022(2) dt.25-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the allegedly seized liquor. The petitioner has been named in the F.I.R. on the basis of disclosure made by the local Chowkidar who had claimed to have identified the petitioner in dim light at night. Charge sheet has been submitted in this case and the petitioner is in custody since 17.05.2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that the petitioner has got one criminal antecedent.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from his conscious possession and further considering submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.58973 of 2022(2) dt.25-11-2022 3/3 each to the satisfaction of learned Additional Session Judge-IIcum-Special Judge Excise, Sasaram (Rohtas) in connection with Dinara P.S. Case No. 154 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also 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 on three consecutive dates 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) Gautam/daya U T