Patna High Court
Shyam Sundar Kumar @ Karu Singh vs The State Of Bihar on 7 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29947 of 2021
Arising Out of PS. Case No.-88 Year-2021 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Shyam Sundar Kumar @ Karu Singh, aged about 20 years, Male, S/o
Chandra Bhushan Singh, resident of Village- Eaghu Ward No.4, P.S.-
Mufassil, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Deo Singh, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 07-06-2021
The matter has been heard via video conferencing.
2. The matter has been taken up after being specially
notified under orders of Hon'ble the Chief Justice.
3. Heard Mr. Vikram Deo Singh, learned counsel for
the petitioner and Mr. Tarun Prasad Mandal, learned APP for the
State.
4. The petitioner is in custody in connection with
Mufassil PS Case No. 88 of 2021 dated 11.02.2021, instituted
under Sections 120-B of the Indian Penal Code and 30 (a) of the
Bihar Prohibition and Excise Act, 2016.
5. The allegation against the petitioner is that from
the house of the petitioner and his brother, 84.750 litres of
Patna High Court CR. MISC. No.29947 of 2021 dt.07-06-2021
foreign liquor was recovered.
6. Learned counsel for the petitioner submitted that
the house is jointly owned by the family members and not
exclusively by the petitioner. It was submitted that the petitioner
has no criminal antecedent and is in custody since 12.02.2021.
7. Learned APP submitted that from the house of the
petitioner there is recovery of liquor.
8. 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 Additional
Sessions Judge II-cum-Special Judge, Excise Act, Begusarai, in
Mufassil PS Case No. 88 of 2021, 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 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
Patna High Court CR. MISC. No.29947 of 2021 dt.07-06-2021
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.
9. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioner, to the notice of the Court concerned, which shall take
immediate action on the same after giving opportunity of
hearing to the petitioner.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
