Prashant Kumar @ Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16195 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- MEHANDIA District- Jehanabad ====================================================== Prashant Kumar @ Prakash S/o Vijay Kumar Singh Resident of Basudeopur Chandel, P.S.- Mahnar, District- Vaishali, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Mahendia P.S. Case No. 77 of 2021 registered for the offence under Sections 420, 467, 471, 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 36 and 41(I)(II) of the Bihar Prohibition and Excise Act, 2018.
The accused/petitioner is named in the F.I.R. and is in custody since 20.12.2021.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 3000
Patna High Court CR. MISC. No.16195 of 2022(3) dt.15-07-2022 2/3 litres of IMFL.
Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused persons, namely, Sushil Kumar and Sonu Kumar, who have already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 48409 of 2021 dated 17.12.2021 and nothing surfaced, in furtherance of the said confession, which may connect the petitioner with the alleged recovery. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that recovery has not been made from the physical possession of the petitioner.
Considering the facts and circumstances as mentioned above, as the alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mahendia P.S. Case No. 77 of 2021 on
Patna High Court CR. MISC. No.16195 of 2022(3) dt.15-07-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cum-Special Judge Excise , Jehanabad, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be Vijay Kumar Singh, who is the father of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T