Patna High CourtCR. MISC./86945/2019bail granted

Diwakar Singh v. The State Of Bihar

2020-01-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86945 of 2019 Arising Out of PS. Case No.-325 Year-2019 Thana- SIMRI District- Buxar ====================================================== DIWAKAR SINGH, aged about 50 years, Male,Son of Late Rambhavan Singh R/o Village- Balihar, P.S.- Simri, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. Allegation is recovery of 17.61 liters of foreign liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The house is joint and there is no recovery from the conscious possession of the petitioner. He is in custody since 23.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.86945 of 2019(2) dt.18-01-2020 2/2 with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-special Judge, Excise Act, Buxar, in connection with Simri Case No. 325 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T