Anup Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38479 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui.

====================================================== ANUP PAL S/O BALESHWAR PAL R/O VILLAGE-BORAR, BADHWAN TALAB, P.S-JAMUI, DISTRICT-JAMUI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Case No. 138 C2 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 10 liters of Mahua wine.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner rather the

Patna High Court CR. MISC. No.38479 of 2021(2) dt.03-12-2021 2/3 alleged recovery has been made from the abandoned land situated from the back side of house of the petitioner and the petitioner has no concern with the alleged recovery. The petitioner is rotting in judicial custody since 06.04.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner is having one more case of same nature other than the present one, which manifests from the paragraph-3 of the petition. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond 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, Jamui in connection with Case No. 138 C2 of 2021 with the following conditions:-

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.38479 of 2021(2) dt.03-12-2021 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T