Patna High CourtCR. MISC./64063/2024bail granted

Amrendra Singh v. The State Of Bihar

2024-09-06Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64063 of 2024 Arising Out of PS. Case No.-31 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== Amrendra Singh S/o Late Suresh Singh Resident of village- Bankata, PSVijaipur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Vijaipur P.S. Case No. 31 of 2022, registered on 26.02.2022 for the alleged offences under Section 414 of the Indian Penal Code and Sections 30(a),41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, co-accused Tinku Kumar while driving a jeep was apprehended and recovery of 245.790 litres of India made foreign liquor was made from the jeep. The name of the petitioner was disclosed by the apprehended coaccused as the person who fled away from the jeep when it was being intercepted.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64063 of 2024(2) dt.06-09-2024 2/3 petitioner is innocent and has been falsely implicated in this case on the saying of co-accused driver and there is no material to show the involvement of the petitioner in the alleged occurrence. The petitioner is neither owner nor the driver of the seized vehicle. The petitioner has no concern with the seized liquor. The petitioner is in custody since 12.06.2024 and charge sheet has been submitted. Co-accused Tinku Kumar, who was apprehended, has been granted bail by this Court vide order dated 05.08.2022 passed in Cr. Misc. No. 23057 of 2022.

5. Learned APP oppose the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet and further considering the lack of material against the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IVth -cum- Exclusive Special Judge, Excise Court-II, Gopalganj/concerned Court in connection with Vijaipur P.S. Case No. 31 of 2022, subject to the conditions mentioned in

Patna High Court CR. MISC. No.64063 of 2024(2) dt.06-09-2024 3/3 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 bonds of the petitioner will be liable to be cancelled by the court concerned.

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