Hari Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20214 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- VALMIKINAGAR District- West Champaran ====================================================== HARI MUSHAR Son of Cair Mushar Resident of Village - Dardari Tola, Dumri, P.S.- Valmikinagar, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 30(A) and 30(B) of Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 200 litres of Desi Chulai liquor from the plot of one Prem Narain Mahto, which was kept by Hari Mushar (Petitioner).

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 21.01.2022.

Patna High Court CR. MISC. No.20214 of 2022(2) dt.12-07-2022 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, in connection with Valmikinagar P.S. Case No. 79 of 2021, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Rajiv/veenaU