Panchmani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18905 of 2022 Arising Out of PS. Case No.-244 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Panchmani Kumar Son Of Satya Narayan Kunwar Resident Of VillagePidhauli, P.S. Teghra, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2022 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.

The petitioner seeks bail in a case registered for the offence under Sections 30(a), 41(1)(2) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Recovery is of 693.72 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of suspicion. He further submits that the name of the petitioner has been transpired on the basis of the disclosure made by co-accused person. He further submits that

Patna High Court CR. MISC. No.18905 of 2022(2) dt.04-08-2022 2/3 in fact Rakesh Kumar has been arrested on the spot but he has not taken the name of the petitioner and it appears from the FIR as well as seizure list that the recovery has been made from one Tata vehicle and one Pulsar motorcycle. He further submits that co-accused persons namely Ranjeev Chaudhari @ Ranjeev Kumar Chaudhary and Rakesh Kumar @ Rakesh Chaudhary have been granted bail vide order dated 29.03.2022 passed in Cr.Misc. No.60100 of 2021 by a Coordinate Bench of this Hon'ble Court. He further submits that nothing has been recovered from conscious possession of the petitioner and the petitioner is rotting in judicial custody since 13.02.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

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 Teghra P. S. Case No.244 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

Patna High Court CR. MISC. No.18905 of 2022(2) dt.04-08-2022 3/3 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.

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