Manoj Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3945 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- CHANAN District- Lakhisarai ====================================================== MANOJ KORA S/O HORIL KORA Resident of village- Kachhua, P.S.- Chanan, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mrs.Pronoti Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 12.11.2022 in connection with Chanan P.S. Case No. 121 of 2021, F.I.R. dated 07.11.2021 registered for the offence punishable under Sections 272,273/34 of IPC and Section 30(a) (b)(c) of Bihar Prohibition and Excise (Amendment) Act, 2018. Recovery is of 95 liters of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the forest area and the name of the petitioner has been transpired on the basis of the disclosure made by the

Patna High Court CR. MISC. No.3945 of 2023(2) dt.26-04-2023 2/3 local Chaukidar and the similarly situated co-accused persons, namely, Bijli Kora @ Vijali Kora and others have been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order at Annexure-2 to this bail petition and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 12.11.2022. Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits that out of two cases, the petitioner is on bail in one case and rest one case is pending for consideration, as mentioned in para-3 of the bail petition.

Considering the aforesaid fact, nothing has been recovered from possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-cum-Exclusive Excise Court-I, Lakhisarai in connection with Chanan P.S. Case No. 121 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.3945 of 2023(2) dt.26-04-2023 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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