Shyam Lal Rao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2704 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- BISFI District- Madhubani ====================================================== 1.
Shyam Lal Rao Son Of Champa Lal Rao R/O Village- Napawali, P.S.- Badesher, District- Chitaurgarh (RAJSTHAN) 2.
Suresh Nayak Son Of Kishan Nayak R/O Village- Napawali, P.S.- Badesher, District- Chitaurgarh (Rajsthan) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha, Adv For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 272,273,34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.
Recovery is of 3780.720 liters of English wine. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. They have falsely
Patna High Court CR. MISC. No.2704 of 2022(2) dt.18-05-2022 2/3 been implicated in the present case. He further submits that nothing has been recovered from possession of the petitioners rather the recovery has been made from the Truck in question and in fact the petitoner No.1 is Driver and petitioner No.2 is cleaner of the Truck in question and they had no knowledge about the alleged liquor and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 09.09.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with G.R.No.1608 of 2021 arising out of Bisffi (Aunshi) Police Station Case No.215 of 2021, with the following conditions:-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
Patna High Court CR. MISC. No.2704 of 2022(2) dt.18-05-2022 3/3
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) One of the bailors must be the father/brother of the petitioners and another bailor shall be the resident of territorial jurisdiction of the learned court below.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T