Bir Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17822 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- MALSALAMI District- Patna ====================================================== BIR BAHADUR RAI S/o Krishna Rai Resident of Patharghat, Patnacity @ Marufganj Patharghat Patna City Nagla, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Section 30(a) and 36 of the Bihar Prohibition and Excise Act 2016.

Recovery is of 180 liters of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case on the basis of suspicion. He further submits that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the tempo in question. He further submits that neither the petitioner

Patna High Court CR. MISC. No.17822 of 2022(2) dt.22-07-2022 2/3 happens to be owner of the said tempo nor he happens to be driver of the tempo in question and the petitioner has no concern at all with the alleged recovery. The petitioner is rotting in judicial custody since 11.02.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Malsalami P.S. Case No. 77 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.17822 of 2022(2) dt.22-07-2022 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) aditi/braj U T