Naval Kishore Singh @ Nawal Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1303 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== NAVAL KISHORE SINGH @ NAWAL KISHOR SINGH Son of Ramchandra Singh, Resident of Village-Kushaiya Hajpurwa, P.S.- Warisnagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Excise Case No. 288 of 2021 registered for offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

As per FIR, 168.3 litres of foreign liquor and 114 litres of beer were recovered from the house of petitioner. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.1303 of 2022(2) dt.01-06-2022 2/3 that the house wherefrom the liquor was recovered, was not in sole possession of the petitioner, rather it is a joint house. The petitioner is a person of clean antecedent and he is under custody since 04.11.2021.

Considering the clean antecedent as well as the period of custody, the petitioner above-named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-IIcum-Special Judge, Excise Act, Samastipur in connection with Excise Case No. 288 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) The petitioner shall be enlarged on bail only after verification of his criminal antecedent.

Patna High Court CR. MISC. No.1303 of 2022(2) dt.01-06-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T