Vikram Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16412 of 2019 Arising Out of P.S. Case No.-190 Year-2018 Thana- CHHATAUNI District- East Champaran ====================================================== VIKRAM TIWARY, aged about 36 years, Male, Son of Late Pintu Tiwary Resident of Village- Madhubani Ghat, Police Station- Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 26.12.2018 in connection with Chhatauni P.S.Case No.190 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information that near Payal Picture Hall, a Bolero car is parked which contains illicit liquor, the police conducted a raid. One person managed to flee away from the Bolero vehicle who was identified as petitioner by the local people. On search from the vehicle 105 liters of Nepali Soufi wine was recovered. Accordingly, a seizure list was prepared.

Patna High Court CR. MISC. No.16412 of 2019(2) dt.28-03-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, raid was conducted at 4 A.M. in the morning and petitioner was not apprehended on the spot. Being a local of the area, he has been named by the local people out of enmity and nothing has been recovered from his conscious possession. Petitioner undertakes to cooperate in the investigation and not to tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case for similar offence is pending against him.

Considering the nature of allegations, materials on record as well as the fact that the petitioner was not caught red handed, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Chhatauni P.S.Case No.190 of 2018 to the satisfaction of learned Additional Sessions Judge-cum-Special Judge Excise, East Champaran at Motihari, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file

Patna High Court CR. MISC. No.16412 of 2019(2) dt.28-03-2019 3/3 an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T