Patna High CourtCR. MISC./82666/2019bail granted

Sujit Singh v. The State Of Bihar

2019-12-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82666 of 2019 Arising Out of PS. Case No.-629 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sujit Singh S/o Late Sudama Singh @ Sudama Patel Resident of- Ward No. 2, Gawaie Muhalla, P.S.- Bhabua, Distt.- Kaimur, Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Sahay, Advocate Mr. Rakesh Kumar Mishra, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bhabua P.S. Case No. 629 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

63.180 litres of liquour is alleged to have been recovered from the ground-floor of the house of the petitioner. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. The house is in joint possession. Nothing has been recovered from conscious possession of the petitioner. Section 100 Cr.P.C has not been followed. Petitioner is in custody since 22.10.2019 having clean antecedent.

Patna High Court CR. MISC. No.82666 of 2019(2) dt.12-12-2019 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge Excise, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 629 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T