Chandra Shekhar Parihar @ Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26211 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Chandra Shekhar Parihar @ Shekhar Son Of Manoj Parihar R/O VillageNaya Basera, P.S.- Gandhi Nagar, District- Indore (M.P.) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Miss .Kumari Vandana, Advocate For the Opposite Party/s :
Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Tajpur (Halai O.P.) P.S. Case No. 413/2021 under Section 420 of the Indian Penal Code and 30(a), 41(ii) of Bihar Prohibition and Excise Amendment Act, 2018.
The prosecution case, in brief, is that one Pawan Kumar Yadav, SI of Halai OP Police Station alleged that on 13.10.2021, in course of patrolling near Banbira Petrol Pump, he received an information that some persons brought a consignment of illegal wine in village Banbira. The informant
Patna High Court CR. MISC. No.26211 of 2022(2) dt.06-08-2022 2/3 went there and arrested the accuseds and recovered/seized 90 liters of Indian Made Foreign Liquor of different size and brand from the pickup van whereas in village Mohamadpur, the police arrested some persons and recovered/seized 103.68 liters of Indian Made Foreign Liquor from a truck and prepared seizure list.
Miss Kumari Vandana, learned counsel for the petitioner submits that he being the driver had no knowledge about the cartons that were loaded on the vehicle which was to be delivered to a particular destination. She further submits that petitioner has no criminal antecedent and he is only bread earner in the family and is in custody since 13.10.2021 (as stated in para 1 of the bail application).
Considering the aforesaid submission made by the learned counsel for the petitioner as also that the petitioner do not have any criminal antecedent, is in custody since 13.10.2021 and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District Judge 2nd cum Special Judge Excise, Samastipur in
Patna High Court CR. MISC. No.26211 of 2022(2) dt.06-08-2022 3/3 connection with Tajpur (Halai O.P.) P.S. Case No. 413/2021 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/nikuU T