Saroj Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13979 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== SAROJ NAT Son of Suresh Nat Resident of Village- Balidad Nat Bigha, P.S. - Mehandia, District - Arwal.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate.

For the Opposite Party/s :

Mrs. Asha Devi, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Mehandia P.S. Case No. 148 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Allegation is of recovery of 50 litres of Mahua country made liquor. Petitioner is said to have kept the liquor to sell. On seeing the police party, he managed to flee away leaving the liquor.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.13979 of 2022(2) dt.15-06-2022 2/3 implicated in this case on mere suspicion. Nothing has been recovered from conscious possession of the petitioner. He has no concern either with the manufacturing of liquor or its trade in any manner. Petitioner has clean antecedent and he is in custody since 25.11.2021.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Considering the nature of allegation and period of custody already undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court No.II, Jehanabad in connection with Mehandia P.S. Case No. 148 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

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

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.13979 of 2022(2) dt.15-06-2022 3/3 to move for cancellation of bail of the petitioner.

(4) 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 bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T