Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22583 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.

SHIV SHANKAR KUMAR S/O- RAJ KUMAR CHOUDHARY VillageKaliasthan PS- Malsalami Dist- Patna 2.

Satendra Kumar son of Misri Rai Mohalla- Vishal Apartment PS- Pirbahore Dist- Patna at present- Mohanpur PS- Raghopur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State in virtual court proceeding. The petitioners seek bail in connection with Malsalami P.S. Case No. 60 of 2023 registered for the offences punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there is alleged recovery of 60 litres of mahua country-made liquor from the Jute bag in question. Petitioners were apprehended on the spot. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and they have falsely been implicated in this case. Petitioners are in

Patna High Court CR. MISC. No.22583 of 2023(2) dt.10-05-2023 2/3 custody since 29.01.2023 and bear no criminal antecedent. He further submits that nothing has been recovered from the conscious possession of the petitioners.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Malsalami P.S. Case No. 60 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.22583 of 2023(2) dt.10-05-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shakir/- U T