Dipak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71922 of 2019 Arising Out of PS. Case No.-720 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== Dipak Singh S/o Vijay Singh @ Vijay Kumar Singh, R/o Village- Baluahi, P.S.- Khagaria, District- Khagaria.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 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 Khagaria P.S. Case No. 720 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that the petitioner is neither the driver nor the owner of the Tempo, he was only travelling along with others. The petitioner is in custody since 14.09.2019 having no criminal history. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the quantity of liquor allegedly recovered from the Tempo in which this petitioner was travelling along

Patna High Court CR. MISC. No.71922 of 2019(2) dt.04-12-2019 2/2 with others and that the petitioner has no criminal history and he has remained in custody since 14.09.2019 and the investigation is complete now, let the petitioner above named be released on bail in connection with Khagaria P.S. Case No. 720 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria, 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 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) vats/ved U T