Harihar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22631 of 2023 Arising Out of PS. Case No.-07 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== HARIHAR SAW S/o Naresh Saw Resident of Village-Nagahara, P.O.-Pawai, P.S.-Aurangabad, District-Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Yadav For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Muffasil (Aurangabad) P. S. Case No. 07 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 23.400 litres of country-made liquor from heap of straw situated behind the house of the petitioner. Petitioner along with co-accused namely Rajesh Kumar was apprehended on the spot. Learned counsel for the petitioner submits that petitioner is in custody since 06.01.2023 and bears two criminal antecedent of similar nature in which the petitioner is on bail. He further submits that nothing has been recovered from the

Patna High Court CR. MISC. No.22631 of 2023(2) dt.10-05-2023 2/3 conscious possession of the petitioner rather the alleged recovery has been made from outside the house of the petitioner. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-1st District Aurangabad in connection with Muffasil (Aurangabad) P. S. Case No. 07 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.22631 of 2023(2) dt.10-05-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shakir/- U T