Bharat Bhashkar Lokhre @ Bharat Bhashker Lokhande v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27246 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- BANGARA District- Samastipur ====================================================== BHARAT BHASHKAR LOKHRE @ BHARAT BHASHKER LOKHANDE S/o Bhashkar Lokhere @ Bhaskar Asaruba Lokhande R/o village- Jalgaoun, P.S.- M.I.D.C. ISTT., District- Jalgaoun (Maharashtra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-08-2022 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 through virtual mode.

The petitioner seeks bail in connection with Bangara P.S. Case No. 18 of 2022 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

As per prosecution case, there is alleged recovery of total 3546.00 liters foreign liquor from the truck in question and the said truck was being driven by the petitioner, and he has been arrested on the spot.

Patna High Court CR. MISC. No.27246 of 2022(2) dt.05-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 18.02.2022 and bears no criminal antecedent. He has no concern either with the seized liquor or any trade of liquor. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

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, 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 petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise, Court -I, Samastipur in connection with Bangara P.S. Case No. 18 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.27246 of 2022(2) dt.05-08-2022 3/3 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 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) shweta/- U T