Birendra Singh @ Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55145 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- DARPA District- East Champaran ====================================================== Birendra Singh @ Virendra Singh S/o Ram Swarup Singh, R/o Vill.- Tinkoni, P.S.- Darpa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Amendment Act, 2016.

It is contended that, as per allegation, 12.900 liters of Napali liquor was recovered from the 'Baithka' of the petitioner. It is contended that nothing has been recovered from the conscious possession of the petitioner. It is urged that the petitioner is in custody since 21.07.2018. It is stated in paragraph 3 of the bail petition that the petitioner is also involved in a similar nature of case.

Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.55145 of 2018(2) dt.06-10-2018 2/3 petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, East Champaran, Motihari in connection with Darpa P.S. Case No. 71 of 2018 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, East Champaran, Motihari within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his

Patna High Court Cr.Misc. No.55145 of 2018(2) dt.06-10-2018 3/3 appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T