Patna High CourtCR. MISC./82654/2019bail granted

Ramakant 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.82654 of 2019 Arising Out of PS. Case No.-1346 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Ramakant Singh Son of Sri Nathuni Singh Resident of Village - Subedar Bigha, P.S.- Obra, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== 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 Excise Case No. 1346 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 200 litres of country made liquour is alleged to have been recovered from from a hut which was situated in western side 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. Nothing has been recovered from conscious possession of the petitioner. The hut does not belong to this petitioner. Section 100 Cr.P.C has not been followed. Petitioner is in custody since 17.11.2019 having clean antecedent.

Patna High Court CR. MISC. No.82654 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 Additional Sessions Judge VII-cum-Special Judge Excise, Aurangabad in connection with Excise Case No. 1346 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