Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29883 of 2023 Arising Out of PS. Case No.-144 Year-2020 Thana- SIGAUDI District- Patna ====================================================== AWDHESH KUMAR Son of Sugan @ Suman Yadav Resident of Village - Sahora, P.S.- Sigori, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Special Excise Case No. 5094 of 2020 arising out of Sigori P.S. Case No. 144 of 2020 registered for the offences punishable under Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, on the basis of disclosure made by the spy that petitioner and others are manufacturing liquor near bamboo orchard situated at the bank of Punpun river, informant along with other police officials reached there and recovered 80 litre country made liquor. All the accused persons including the petitioner are alleged to have fled away from the spot after seeing the police party.

Patna High Court CR. MISC. No.29883 of 2023(2) dt.15-05-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Petitioner is in custody since 20.07.2022 and bears criminal antecedent of seven cases out of which six cases are of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on the spot. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Special Excise Case No. 5094 of 2020 arising out of Sigori P.S. Case No. 144 of 2020 , subject to following conditions:-

Patna High Court CR. MISC. No.29883 of 2023(2) dt.15-05-2023 3/3 (i) One of the bailors shall be either father or mother 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 without appropriate permission, 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) shahzad/- U T