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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62929 of 2022 Arising Out of PS. Case No.-105 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== Pushpak Singh @ Pushpak Kumar @ Pushpak Kumar Singh, S/o Damru Singh @ Dayaram Singh R/o Village- Bandaur, P.S.- Neemachandpura, DisttBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-01-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Neemachandpura P. S. Case No. 105 of 2022, registered for the offences punishable under Sections 420 and 120 B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, 3897 litres of liquor was recovered from a truck bearing Registration No. DL1GC3176. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

2/4 case. He further submits that the petitioner has not been apprehended on the spot and he has been made accused in this case only on the basis of suspicion. He also submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that search and seizure has not been made as per the procedure prescribed under Section 100 Cr.P.C.

He further submits that the petitioner has been languishing in jail since 05.08.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in two other cases.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier in the present matter either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above-

3/4 named, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Excise Judge-II, Begusarai, in connection with Neemachandpura P. S. Case No. 105 of 2022 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds

4/4 of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U