Patna High CourtCR. MISC./82988/2019bail granted

Vijay Singh v. The State Of Bihar

2019-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 82988 of 2019 Arising Out of PS. Case No.-772 Year-2017 Thana- NAWADA District- Nawada ====================================================== VIJAY SINGH Son of Late Shiv Nandan Singh Resident of Village - Gonawa Dih, P.S.- and District - Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Nawada Police Station (for brevity, PS) Case No 772 of 2017 instituted for the offence under Section(s) 272, 273, Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Petitioner is in custody since 17.11.2019 upon alleged recovery of 63.750 liters of illicit liquor. It is submitted that owing to his criminal antecedent, petitioner has been implicated in this case though recovery is from outside the house and not from his house. Petitioner has not been apprehended on the spot and the recovery is not from his possession. In the other three cases, detailed in paragraph 3 of the application, petitioner is

Patna High Court CR. MISC. No.82988 of 2019(2) dt.13-12-2019 2/2 already on bail in two cases.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II -cum- Special Judge, Nawadah in Nawadah PS Case No 772 of 2017 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T