Shrikant Chandravanshi @ Shrikant Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11459 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- UPHARA District- Aurangabad ====================================================== SHRIKANT CHANDRAVANSHI @ SHRIKANT RAM SON OF RAM JANAM CHANDRAVANSHI R/O VILLAGE- BUDHAI KHURD, P.S.- UPHARA, DISTRICT- AURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Anand For the Opposite Party/s :
Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 06.01.2022, seeks regular bail in connection with Uphara P.S. Case No. 49 of 2021 dated 19.08.2021 registered for offences punishable under Sections 30(a) (c)(d)/ 33/36 of the Bihar Prohibition and Excise Act, 2018.
Allegation is of recovery of 280 litres of chulai liquor from the house of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been recovered from
Patna High Court CR. MISC. No.11459 of 2022(4) dt.20-05-2022 2/3 the conscious possession of the petitioner. Petitioner has clean antecedent and he is in custody since 06.01.2022. Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner. He further submits that trade of illicit liquor is rampant in the State of Bihar and often hooch tragedy is being occurred due to consumption of illicit liquor by the people at large and as such petitioner is involved in heinous crime and he does not deserve to be released on bail.
Considering the aforementioned facts and circumstances of the case, period of custody undergone by the petitioner, petitioner has clean antecedent, without going into the merits of the case, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 300,000/- (Rupees Three Lacs) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act-II, Aurangabad in connection with Uphara P.S. Case No. 49 of 2021 dated 19.08.2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned. (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to
Patna High Court CR. MISC. No.11459 of 2022(4) dt.20-05-2022 3/3 move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.
(Purnendu Singh, J) Niraj/- U T