Shayam Bihari Singh @ Babuajee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.399 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== SHAYAM BIHARI SINGH @ BABUAJEE Son of Late Mahjidi Singh Resident of Village- Salempur, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) and 36 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 50 liters of country-made liquor is said to have recovered from the motor-cycle. He further submits that the said seized motorcycle is not belongs to the petitioner. He submits that allegation against the petitioner is that after seeing the police he fled away from the place of the occurrence. He further submits that petitioner has got no

Patna High Court CR. MISC. No.399 of 2023(2) dt.20-01-2023 2/3 criminal antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs. 20,000/- (Rupees Twenty Thousand) in the PM Cares Fund, bearing Account No. 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts and circumstance of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandi P.S. Case No. 191/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.399 of 2023(2) dt.20-01-2023 3/3 (II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of PM Cares Fund.

(Anjani Kumar Sharan, J) ajay/- U T