Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71162 of 2021 Arising Out of PS. Case No.-531 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== MANISH SINGH SON OF AWADH KISHORE SINGH RESIDENT OF VILLAGE - JAGIRIA (BASARA KAZI), P.S- SARAIYA, DISTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 531 of 2021 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, total 1491 litres foreign liquor has been recovered from the house of the petitioner and the petitioner is apprehended on spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.71162 of 2021(3) dt.22-07-2022 2/3 petitioner is in custody since 27.07.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 531 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.71162 of 2021(3) dt.22-07-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T