Ganga Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9774 of 2022 Arising Out of PS. Case No.-412 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== GANGA THAKUR S/O HARI NANDAN THAKUR R/o village- Raja Punas, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act and Sections 20 and 22 of the N.D.P.S. Act.

Recovery is of 18 liters of foreign liquor.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that the petitioner was not apprehended on the spot but on the basis of disclosure made by the other accused persons, name of the petitioner has falsely been

Patna High Court CR. MISC. No.9774 of 2022(3) dt.27-07-2022 2/3 implicated in this case. He further submits that it appears from the F.I.R. and the seizure list itself, nothing has been recovered from the conscious possession of the petitioner and he has no concern at all with the alleged recovery. He further submits that the petitioner has been remanded from Ahiyapur P.S. Case No. 413 of 2021 in his case on 28.09.2021 and since then he is rotting in judicial custody. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the above named, petitioner 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 Court below where the case is pending in connection with Ahiyapur P.S. Case No. 412 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 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.9774 of 2022(3) dt.27-07-2022 3/3 without sufficient reason, his/her bail bond shall be canceled 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.

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) brajesh/- U T