Nand Kishore Balai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25672 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- DHANARUA District- Patna ====================================================== NAND KISHORE BALAI Son of Durga Lal Balai Resident of Village - Sindoliya Balai, P.s.- Lamba Hari Singh, Distt.- Tonk, State - Rajashthan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Case No. 1839 of 2022 arising out of Dhanarua P.S. Case No. 161 of 2022 registered for the offences punishable under Sections 30(a), 32(i)(ii), 36, 34 of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, there is alleged recovery of 3042 litres English Wine from truck in question. The petitioner is alleged to be driver of said truck and he is apprehended on spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25672 of 2022(2) dt.03-08-2022 2/3 petitioner is in custody since 31.03.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered liquor. Petitioner is a driver of the alleged truck and he has no knowledge about liquor has been kept inside the truck. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned special Judge, Excise, Patna in connection with Dhanarua P.S. Case No.

Patna High Court CR. MISC. No.25672 of 2022(2) dt.03-08-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner 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 petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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