Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65906 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Ramesh Singh, Son of Kapildeo Singh, Resident of Village- Shankarpur, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Baikunthpur P.S. Case No. 222 of 2018 registered for the offence punishable under Sections 420, 379 and 34 of the Indian Penal Code and Section 30(a), 41(i)(ii) of the Bihar Prohibition & Excise Act, 2016.

Informant is the Police Officer, who has alleged that on receiving a confidential information that a big consignment of illicit liquor has arrived on truck which is being unloaded and on receiving such information, he alongwith other police personnel reached the place of occurrence and seeing the police, persons assembled near the truck started to flee away, however, petitioner was apprehended and he disclosed the name of other co-accused and also stated that the driver and others have fled away.

Patna High Court Cr.Misc. No.65906 of 2018(3) dt.10-01-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and he was only a passerby and the real culprit fled away. Petitioner has no criminal antecedent and he is in custody since 23.08.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gopalganj, in connection with Baikunthpur P.S. Case No. 222 of 2018 subject to the conditions that:-

(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 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) veena/- U T