Sandeep Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76847 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== Sandeep Pratap Singh S/o Narendra Prasad Singh Resident of E-1/201, Sri Hari Kunj, Purnedu Nagar, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Dilbar Krishna, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 100 ml illicit liquor from the car and to have consumed wine.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits nothing has been recovered from the conscious possession of the petitioner. Petitioner has named in this case only on the basis of ownership of the vehicle and there is no specific allegation is against the petitioner. He further submits that no case under Excise Act is made out against the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.76847 of 2019(2) dt.14-02-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Dulhin Bazar P.S. Case No. 73 of 2019 (Special Case No. 3128 of 2019), on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T