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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72622 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== MADHURENDRA KUMAR @ MADHURENDRA KUMAR SINGH Son of Pramod Singh Resident of Village - Kushar, Kursahar, Police Station - Tariyani and District - Sheohar, Bihar 843329. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Chandra, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in a case registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 100.515 liters of foreign liquor along with cash of Rs. 5210/- 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,

Patna High Court CR. MISC. No.72622 of 2021(2) dt.06-05-2022 2/3 nothing has been recovered from the house of the petitioner or from his conscious possession rather the alleged recovery has been made from the motorcycle in question standing adjacent to the house of the petitioner. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 17.07.2021. 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 Court below where the case is pending in connection with Tariyani P.S. Case No. 159 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.72622 of 2021(2) dt.06-05-2022 3/3

(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.

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) brajesh/- U T