Vijay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17911 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== VIJAY Son of Dharmpal Resident of Village - Shahpur, P.S.- Narayangarh, Distt.- Ambala (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 468,471,420/34 of IPC and Sections 30(a), 41(i), (ii) of Bihar Prohibition and Excise Act, 2018.

Recovery is of 4149 liters of foreign liquor. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that nothing has been recovered from conscious possession of the petitioner

Patna High Court CR. MISC. No.17911 of 2022(2) dt.28-07-2022 2/3 rather the recovery has been made from the truck in question and in fact the petitioner is driver of the truck in question and he has no concern at all with the alleged recovery and there is noncompliance of Section 100 of Cr.P.C. and the petitioner is in custody since 25.10.2021.

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 petitioner, above named, 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 Ujiyarpur P.S. Case No.323 of 2021, 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 cancelled 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.

(3) One of the bailors should be the father of the

Patna High Court CR. MISC. No.17911 of 2022(2) dt.28-07-2022 3/3 petitioner.

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) Nitesh/- U T