ASHOK KUMAR SINGH v. THE STATE OF BIHAR

====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha For the Opposite Party/s : Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 24-08-2023

Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 172 of 2023 dated 27.04.2023, corresponding to G.R. No. 660 of 2023 registered for the offences punishable u/s 272 of the Indian Penal Code and Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, 2022. Patna High Court CR. MISC. No.52940 of 2023(2) dt.24-08-2023

As per the prosecution case, 9 litres of illicit Nepali Gaurav Saufi wine was recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is accused in nine other criminal cases of similar nature as stated in para 3 of the bail petition. The petitioner is in custody since 27.04.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jaynagar P.S. Case No. 172 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable Patna High Court CR. MISC. No.52940 of 2023(2) dt.24-08-2023 cause, the bail bonds of the petitioner are liable to be cancelled.