Inderadeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62890 of 2022 Arising Out of PS. Case No.-479 Year-2022 Thana- PIRO District- Bhojpur ====================================================== INDERADEO SINGH S/O LATE SUDHAN SINGH @ LATE SUBHAM SINGH Resident of village- Hankar Tola, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Piro P.S. Case No. 479 of 2022 registered for the offences punishable under Sections 30(a), 36, 37 of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 50 liter Mahua wine from the place of occurrence. Petitioner is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 27.08.2022. 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 nothing

Patna High Court CR. MISC. No.62890 of 2022(2) dt.04-01-2023 2/3 has been recovered from the conscious possession or personal possession of the petitioner. Seizure list has not been made as per law. Petitioner is innocent and has falsely been implicated in the present case.

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, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence as submitted, keeping in view clean antecedent of the petitioner 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned special Excise Court - II, Bhojpur at Ara in connection with Piro P.S. Case No. 479 of 2022, 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.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.62890 of 2022(2) dt.04-01-2023 3/3 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