Kari Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13852 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- BASOPATTI District- Madhubani ====================================================== KARI SADAI S/O- Late Sone Lal Paswan Resident of village - Kataiya (Mushari Tol), P.S. - Basopatti, Dist. - Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioner seeks bail in Basopatti P.S. Case No. 281 of 2020, registered for the offence punishable punishable under Sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 63 litres of Nepali liquor has been recovered from Motorcycle of the petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner and has no concern with the seized liquor. Petitioner has been made accused only on suspicion. Petitioner is in custody since 25.10.2020 having no

Patna High Court CR. MISC. No.13852 of 2021(3) dt.12-07-2021 2/2 criminal antecedent, as stated in para 3 of the petition. Considering the fact that no recovery has been made from conscious possession of the petitioner and bears clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge Excise Act, Madhubani in connection with Basopatti P.S. Case No. 281 of 2020, subject to following conditions:- (i) The petitioner 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T