Bhola Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24198 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Bhola Patel S/o Late Banars Patel Resident of Village- Bhorey Uttar Tola, P.S.- Bhorey, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Md. Iftekhar Mehmood,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Bhorey P.S. Case No. 18 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

On secret informant, a raid was conducted and out of two persons, one was apprehended on the spot and from a Jeep, bearing registration no. UP56B-1901, 210.240 liters of countrymade liquor is said to have been recovered and it is alleged that the person, who succeeded in fleeing away, is petitioner. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. It is further submitted that name of petitioner has come on confession of apprehended

Patna High Court CR. MISC. No.24198 of 2020(2) dt.21-09-2020 2/2 co-accused Amarjit Patel. Petitioner is neither owner of alleged jeep nor he has got any connection with the seized liquor. Petitioner has got clean antecedent and he is in custody since 03-03-2020.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II cum Special Judge, Excise, Gopalganj in connection with Bhore P.S. Case No. 18 of 2020 on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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.".

(Prabhat Kumar Singh, J) anay/- U T