UMA SHANKAR SINGH v. The State of Bihar BIHAR
Case at a glance
- Bench
- ALOK KUMAR PANDEY
Provisions considered
Judgment
====================================================== Appearance : Mr.Diwakar Upadhyaya For the Petitioner/s : For the Opposite Party/s : Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Excise (Naugachia) P.S. Case No. 409 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
As per prosecution case, 8.550 litre foreign liquor was recovered from the sack which was carried by the petitioner in his right hand and the petitioner was apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is in custody since 15.07.2023 and bears criminal antecedent of one case in which he is on bail. Charge sheet has Patna High Court CR. MISC. No.65880 of 2023(3) dt.29-11-2023 been submitted in the case and there is no likelihood of tampering with the prosecution evidence and charge has also been framed against the petitioner in this case. Petitioner has no concern with the alleged recovery. There is no compliance of Section 100 of Cr.P.C. Petitioner is quite innocent and has committed no offence as alleged against him in F.I.R. and he has falsely been implicated in the present case.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge – I, Bhagalpur or successor court in connection with Excise (Naugachia) P.S. Case No. 409 of 2023 (District- Bhagalpur), subject to following conditions:- (i) One of the bailors shall be either father or Patna High Court CR. MISC. No.65880 of 2023(3) dt.29-11-2023 mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Alok Kumar Pandey, J) alok/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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