Ayodhya @ Mala @ Ayodhya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1683 of 2019 Arising Out of PS. Case No.-354 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== AYODHYA @ MALA @ AYODHYA SINGH, S/o Purnmasi Mahto Resident of Village - Siyadih, Muradabad, P.S.- Sasaram, District, Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Prasad For the Opposite Party/s :

Mr.Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sheosagar P.S. Case No.354/18 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 225 litres foreign liquor from a vehicle which was being boarded by the accused persons including the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that alleged recovered liquor does not belong to the petitioner as he was merely a passenger. Petitioner has no criminal antecedent and he is in custody since 28.10.2018. Similarly placed co-accused Srimod Singh and

Patna High Court Cr.Misc. No.1683 of 2019(3) dt.18-02-2019 2/3 Chandan Kumar Sah have already been granted bail by different co-ordinate Benches of this Court vide order dated 28.01.2019 passed in Cr. Misc. No.454 of 2019 and order dated 18.01.2019 passed in Cr. Misc. No.79292 of 2018 respectively. 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/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Excise, Rohtas in connection with Sheosagar P.S. Case No.354/18, with following conditions:- (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 properly 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

Patna High Court Cr.Misc. No.1683 of 2019(3) dt.18-02-2019 3/3 release on bail the trial court shall take steps to cancel his bail bond.

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