Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38471 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== VIJAY SAH S/O UPENDRA SH R/o village- Pologram Hasda Road Gulabbagh, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== 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 Sadar P.S. Case No. 194 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 9.690 liters of foreign liquor. 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. Not even a

Patna High Court CR. MISC. No.38471 of 2021(2) dt.03-12-2021 2/3 single witness has supported the prosecution version. The petitioner is nowhere connected with the alleged recovery nor he is engaged in any illegal act of selling of illicit liquor. It is further submitted that the signature of the petitioner has forcibly been taken on the seizure list by the police. The petitioner is rotting in judicial custody since 18.04.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner is having two more identical cases 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 Special Excise Judge, Purnea in connection with Sadar P.S. Case No. 194 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

Patna High Court CR. MISC. No.38471 of 2021(2) dt.03-12-2021 3/3 by the Court below.

(2) 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.

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