Uma Shankar Singh vs The State Of Bihar
2021 Latest Caselaw 909 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.12798 of 2020
 Arising Out of PS. Case No.-767 Year-2019 Thana- KANTI THARMAL POWER District-
                                      Muzaffarpur
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Uma Shankar Singh, aged about 51 years, Gender-male, Son of Late Binda Singh, Resident of Village- Rampur Lakshmi, P.S.-Kanti, District- Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

Heard Mr. Ravi Ranjan, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 09.12.2019 in

Cr. Misc. No. 78123 of 2019.

3. The petitioner is in custody in connection with Kanti

PS Case No. 767 of 2019 dated 12.10.2019, instituted under

Sections 30(a)/38/41 of the Bihar Prohibition and Excise Act,

2016.

4. The allegation against the petitioner is that he along Patna High Court CR. MISC. No.12798 of 2020 dt.17-02-2021

with his sons was dealing in liquor and from his house 778.110

litres of liquor was recovered.

5. Learned counsel for the petitioner submitted that the

recovery was not made from the conscious possession of the

petitioner and he has been falsely implicated. It was submitted

that the petitioner has no connection with the recovered liquor

as it belongs to Niraj Kumar Singh, though he is his son. He

submitted that the petitioner has no other criminal antecedent

and is in custody since 13.10.2019.

6. Learned APP submitted that the petitioner along with

his son indulged in the business of illegal liquor and from their

house recovery of liquor has been made.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

Excise Act, Muzffarpur in Kanti PS Case No. 767 of 2019,

subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an Patna High Court CR. MISC. No.12798 of 2020 dt.17-02-2021

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T