Mohit Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16085 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== MOHIT ROY Son of Sachindra Roy @ Sachindra R/V- Tira Jatmalpur P.SKalyanpur,Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 298 of 2022 dated 23.09.2022 registered for the offence under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act, 2018.

Recovery is of 328.14 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. and the seizure list that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the house of the petitioner and he was not arrested from the spot. He further

Patna High Court CR. MISC. No.16085 of 2023(2) dt.11-05-2023 2/3 submits that there is non-compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 25.09.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

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 Special Excise Court-I, Samastipur in connection with Kalyanpur P.S. Case No. 298 of 2022, Excise G.R. No. 709 of 2022 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 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

Patna High Court CR. MISC. No.16085 of 2023(2) dt.11-05-2023 3/3 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