Sunni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77915 of 2019 Arising Out of PS. Case No.-182 Year-2017 Thana- THAWE District- Gopalganj ====================================================== Sunni Singh, Son of Sri Anil Singh, Resident of Village-Ramchandrapur, P.SThave, District-Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhirendra Nath Jha, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Thave P.S. Case No. 182 of 2017 registered for the offences punishable under Sections 30(a), 35, 38 of Bihar Excise and Prohibition Act, 2016.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. His name has transpired in the confession of apprehended accused. The car from which the alleged illicit liquor have been recovered does not belong to the petitioner. It is further submitted that nothing has been recovered from his conscious possession and he is in custody since 23.08.2019. Learned counsel submits that coaccused Biru Rao, Barun Singh and Bablu Singh have been allowed bail by a learned co-ordinate Bench of this Court.

Patna High Court CR. MISC. No.77915 of 2019(3) dt.06-12-2019 2/3 Learned APP for the State has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein the name of this petitioner has transpired in the statement of the apprehended accused but the illicit liquor has not been recovered from possession of this petitioner and the petitioner's submission that car in question from which the illicit liquor were recovered does not belong to him, as also he has remained in custody since 23.08.2019 and the co-accused Biru Rao, Barun Singh and Bablu Singh have been allowed regular bail by a learned co-ordinate Bench of this Court, let the petitioner above named be released on bail in connection with Thave P.S. Case No. 182 of 2017 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of

Patna High Court CR. MISC. No.77915 of 2019(3) dt.06-12-2019 3/3 the commission of which he is suspected, and (c) that such person 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 or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/vats U T