Patna High CourtCR. MISC./85819/2019bail granted

Singham @ Pankaj Kumar v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 85819 of 2019 Arising Out of PS. Case No.-587 Year-2019 Thana- MAHUA District- Vaishali ====================================================== SINGHAM @ PANKAJ KUMAR S/o Shobhit Hajara @ Sobhit Paswan Resident of Village- Belkunda Narayanpur, Bujurg, P.S.- Mahua, DisttVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Mahua Police Station (for brevity, PS) Case No 587 of 2019 instituted for the offence punishable under Section (s) 272, 273, 414 of Indian Penal Code and Sections 30 (a), 32 (ii), 34 (ii), 38 (ii), 41 (i) of Bihar Excise and Prohibition Act, 2018.

Having no antecedent, petitioner is implicated in this case upon recovery of 50 liters of country made liquor from the Auto Rickshaw which, it is alleged, the petitioner was driving. He is in custody since 18.10.2019. Submission is of false implication and that there is non-compliance of the procedure prescribed under Section 100 of Criminal Procedure Code.

Patna High Court CR. MISC. No.85819 of 2019(2) dt.16-01-2020 2/2 Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Excise Court, Vaishali at Hajipur in connection with Mahua PS Case No 587 of 2019 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