Mukeh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75032 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Mukeh Singh Son of Late Bachhan Singh Resident of Village-Sereyan, P.S.- Basantpur, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(a), 38 and 41(i) of the Bihar Prohibition & Excise Act, 2016.

Informant has alleged in his written complaint that on 19.03.2019 at about 10:00 PM, he received a confidential information that Mukesh Singh had brought prohibited liquor and selling it on higher price and concealed it in his house and on receiving the said information, he raided the house of the petitioner, from where 33 liters of foreign liquor was recovered. It has been submitted on behalf of the petitioner that nothing has been recovered from his conscious possession and

Patna High Court CR. MISC. No.75032 of 2019(3) dt.28-11-2019 2/2 the alleged recovery is from the house, which is in joint possession. The petitioner has no criminal antecedent and is in custody since 19.09.2019.

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 court below where the case is pending in connection with Basantpur P.S. Case No. 85 of 2019, 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) S.Katyayan/- U