Prem Shankar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26966 of 2021 Arising Out of PS. Case No.-458 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== PREM SHANKAR RAY Son of Awadh Kishor Ray Resident of VillageTeacher Colony Bihiya Ward No.2, P.S.- Bihiya, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2021 Heard the parties through video conferencing. Heard Mr. Patanjali Rishi, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 13.12.2020 seeks regular bail in connection with Excise Case No. 1954 of 2020 arising out of Bihiya P.S. Case No. 458 of 2020 registered for offences punishable under Section 272, 273, 420, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Story of the prosecution in brief is that about 147 litres of mahua liquor which is a prohibited item was recovered from the
Patna High Court CR. MISC. No.26966 of 2021(2) dt.03-12-2021 2/3 vehicle of the petitioner bearing Registration No. BR 01 GC 7564. Learned counsel on behalf of the petitioner submits that the petitioner is the owner of the alleged vehicle from which illicit liquor has been recovered. He further submits that it is the driver of the vehicle who has done such illegal act. He further submits that there is no criminal antecedent against the petitioner. Petitioner be released on bail.
Learned A.P.P., however, opposes the prayer for bail. Considering the facts and circumstances of the case, taking into consideration the period of custody and petitioner having no criminal antecedent, however, petitioner is the owner of the vehicle which was seized in course of search. Let the Court below upon being satisfied as to whether there is any criminal case pending against the petitioner or not and upon being satisfied, this Court directs to release petitioner above named on bail on furnishing personal bond of Rs. 2,00,000/- along with bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned IVth Additional Session Judge cum Special Judge Excise, Bhojpur at Ara in connection with Excise Case No. 1954 of 2020 arising out of Bihiya P.S. Case No. 458 of 2020 subject to the following conditions:
(i) Bailors should be local having sufficient immovable
Patna High Court CR. MISC. No.26966 of 2021(2) dt.03-12-2021 3/3 property within the jurisdiction of the Court concerned. (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel their bail bond.
(Purnendu Singh, J) Niraj/- U T