Om Prakash Giri @ Jhapru Giri @ Om Prakash @ Jhagaru @ Jhagru Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19126 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== OM PRAKASH GIRI @ JHAPRU GIRI @ OM PRAKASH @ JHAGARU @ JHAGRU GIRI Son of Late Kapildeo Giri, Resident of Village-Lakhraw, Police Station-Siwan Muffasil, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 80 of 2019 for offences punishable under Section 272, 273, 308 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution case, as lodged by the police personnel, is that on secret information that near Harijan Tola the petitioner and one another are trading in illicit liquor, the police conducted a raid and found three persons loading illicit liquor in a motorcycle. While two persons managed to flee away, co-accused Zakir Hussain was apprehended, who revealed the

Patna High Court CR. MISC. No.19126 of 2019(2) dt.29-03-2019 2/3 name of petitioner and one another. 53.900 litres of illicit liquor was recovered from the motorcycle, and, accordingly, a seizurelist was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, was not apprehended by the police, nothing has been recovered from his conscious possession and the confessional statement of the apprehended co-accused before the police has no evidentiary value in the eye of law. Petitioner undertakes to cooperate in the investigation, not to tamper with the prosecution evidence and he is languishing in judicial custody since 02.03.2019. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and four more cases of similar nature are pending against him although the petitioner submits that in two cases he has been taken on remand.

Considering the nature of allegations, the materials on record and the period of custody, let petitioner, above named, be enlarged on bail on completion of four months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge (Excise), Siwan, in

Patna High Court CR. MISC. No.19126 of 2019(2) dt.29-03-2019 3/3 connection with Siwan Muffasil P.S. Case No. 80 of 2019, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T