Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4114 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Sudhir Kumar S/O Ram Udgar Mahto R/O Bdha Kurba, P.S- Cheriya Bariyarpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Cheriya Bariyarpur P.S. Case No.343 of 2023, lodged on 28.11.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, total recovery of 97.875 liters of liquor has been the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is the driver and from the vehicle concerned with the petitioner recovery of 31.125 liters of liquor has been made. Counsel submits that petitioner is innocent and has committed no offence. Petitioner's antecedent in excise matter is clean but
Patna High Court CR. MISC. No.4114 of 2024(2) dt.07-02-2024 2/3 he has one criminal antecedent in which he is on bail.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Begusarai, in connection with Cheriya Bariyarpur P.S. Case No.343 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.4114 of 2024(2) dt.07-02-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T