Patna High CourtCR. MISC./21870/2021bail granted

Raghu Sao v. The State Of Bihar

2021-07-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21870 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== RAGHU SAO SON OF SHIVDHANI SAO R/O VILLAGE- KARMA BHAGWAN, TOLA- GOVIND CHAK, P.S.- AURANGABAD MUFFASIL, DIST.- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 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 Aurangabad P.S. Case No. 234 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

1017 litres of country made liquor has been recovered from boring room of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Recovery has been made

Patna High Court CR. MISC. No.21870 of 2021(2) dt.15-07-2021 2/2 from open place which is accessible to general public. Petitioner has no concern with the seized liquor and he is in custody since 21.01.2021.

Considering the facts and circumstances of the case, 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 Additional Sessions Judge II-cum-Special Judge Excise, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 234 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