Satyanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73341 of 2024 Arising Out of PS. Case No.-701 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Satyanand Singh S/o Gyanchandra Singh R/o Town- Faridabad, P.S.- Faridabad, District- Faridabad, Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aquaib Khan For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-10-2024 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the provision of law under which the present bail petition has been filed, during the course of the day.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Prohibition and Excise Bhabhua P.S. Case No. 701 of 2024 registered for the offences punishable under Sections 30(a), 32(1) (3), 41(1) (2) of the Bihar Prohibition and Excise Amendment Act, 2018 and 2022.

4. As per prosecution case, 215.280 litre foreign liquor was recovered from i20 Car in question and petitioner

Patna High Court CR. MISC. No.73341 of 2024(2) dt.08-10-2024 2/3 alongwith other apprehended on the spot.

5. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR and he has falsely been implicated in this case. Learned counsel orally submits that petitioner is not owner of the vehicle in question. He further submits that no incriminating article has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized liquor in question. Petitioner is in custody since 08.09.2024 and bears no criminal antecedent.

6. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides 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 Judge, Excise-II, Kaimur, Bhabhua in connection with Prohibition and Excise Bhabhua P.S. Case No. 701 of 2024, subject to following conditions:-

Patna High Court CR. MISC. No.73341 of 2024(2) dt.08-10-2024 3/3 (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 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) shahzad/- U T