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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77891 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- DEODHA District- Madhubani ====================================================== Vijay Singh @ Vijay Kumar Singh Son of Late Baidhanath Singh Resident of Village - Silanath, P.S. Jaynagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Deodha P.S. Case No. 120 of 2018 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is that he was bringing wine from Nepal with his two associates and on receiving such information they were apprehended by the police, upon which they threw the bag and tried to flee away, however, they were apprehended and 66 litre of wine was recovered from their possession who disclosed that same was being brought at the instance of petitioner Vijay Singh.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing

Patna High Court Cr.Misc. No.77891 of 2018(2) dt.04-01-2019 2/2 has been recovered from his possession. There are other Vijay Singh also having similar name in the village. He is in custody since 11.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II -cum-Special Judge Excise Act, Madhubani in connection with Deodha P.S. Case No. 120 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) ranjan/manojU T