Brij Bhar @ Brij Bhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25776 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== BRIJ BHAR @ BRIJ BHAR KUMAR, aged about 22 years, Male, Son of Deva Nand Ray @ Hira Ram, Resident of Bauliya Road, Chunna Bhatta behind of Nishant Cinema Police Station-Sasaram (Town), District-Rohtas ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar Pandey, Adv.

For the Opposite Party :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 07.03.2019 in connection with Shiv Sagar P.S. Case No. 297 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that huge quantity of illicit liquor is being carried in a three wheeler, the police intercepted the three wheeler and apprehended four accused. Co-accused, Sunil Kumar, revealed the name of the petitioner who had fled away. On search of the three wheeler, 56 liters of illicit liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in

Patna High Court CR. MISC. No.25776 of 2019(2) dt.30-04-2019 2/3 the aforesaid case. He submits that the seizure list has not been prepared in compliance of Section 100(4) of the Criminal Procedure Code as the copy of the seizure list has not been given to the apprehended co-accused and that nothing has been recovered from the conscious possession of the petitioner, who is languishing in judicial custody since more than one month. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent as one more case of similar nature is pending against him.

Considering the nature of allegations, the materials on record as well as the fact that the petitioner was not apprehended with illicit liquor, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Shiv Sagar P.S. Case No. 297 of 2018 to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge, Excise, Rohtas at Sasaram, or the successor Court, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Patna High Court CR. MISC. No.25776 of 2019(2) dt.30-04-2019 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T