Harjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76492 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- TISIAUTA District- Vaishali ====================================================== 1.

HARJIT SINGH 2.

Sher Singh Both are Sons of Gurmej Singh Resident of Village - Echna Khedli, P.S. - Manpur, District - Shayopur (Madhya Pradesh). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 420, 467, 468, 414 of the Indian Penal Code and Sections 30(a) (b)(c)/38/41(a)(b) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 2967.12 litres foreign liquor from a truck which was being boarded by the petitioners.

Earlier, the bail application of the petitioners was rejected vide Annexure-1, giving a liberty to renew their prayer for bail after six months in jail custody, if no substantive progress is made in trial.

Patna High Court CR. MISC. No.76492 of 2019(2) dt.18-12-2019 2/3 It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Petitioner no.1 is driver and petitioner no.2 is Khalashi of the said truck and they have no concern with the seized liquors. Petitioners have no criminal antecedent and they are in custody since 06.02.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Tisiauta P.S. Case No.12/19 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall

Patna High Court CR. MISC. No.76492 of 2019(2) dt.18-12-2019 3/3 take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T