Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85031 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Arun Singh S/o Late Tej Bahadur Singh R/o Mohalla- A/HD- 16 Sukhliya, P.S.- Hira Nagar, District- Indore (Madhya Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Angad Kunwar For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner who is in custody seeks bail in Bhabhua PS Case No. 387 of 2019 registered under Sections 420, 419, 414, 467, 468, 469/34 of the IPC and Sections 30(a)/32(1)(2) of Bihar Prohibition and Excise Act, 2016 . Counsel for the petitioner submits that having no criminal antecedent he is in custody since 4.11.2019 in the instant case filed on the basis of recovery of liquor. Co-accused from whom recovery was made has been allowed bail in Cr. Misc. No. 60045 of 2019. The petitioner was neither arrested at the time of recovery nor there is any recovery of incriminating material subsequently from the petitioner to connect him with the occurrence. Other than statement of co-accused there is no material on record.

Learned APP has opposed the prayer for bail.

Considering the aforesaid submissions the petitioner's prayer for bail is allowed.

Patna High Court CR. MISC. No.85031 of 2019(2) dt.08-01-2020 2/2 Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge -cum- Special Judge, Excise, Kaimur at Bhabua in Bhabhua PS Case No. 387 of 2019 read with Excise Case No. 465 of 2019 on 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 in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T