Patna High CourtCR. MISC./41875/2021bail granted

Bal Bahadur Ram v. The State Of Bihar

2022-01-22Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41875 of 2021 Arising Out of PS. Case No.-183 Year-2021 Thana- BUXAR District- Buxar ====================================================== BAL BAHADUR RAM Son of - Late Baleshwar Ram Resident of Mohalla - Civil Line Mathiya Mohalla Ward No. 14, P.S. - Buxar (Town), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav, Advocate.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 23.03.2021, seeks regular bail in connection with Buxar (T) P.S. Case No. 183 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution case, in brief, is that altogether 203.900 litres of illicit liquor was recovered near the Chhathiya Muhalla, Ganga Ghat, Buxar. Accordingly, seizure-list was prepared.

Patna High Court CR. MISC. No.41875 of 2021(2) dt.22-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner. He has clean antecedent. Petitioner is the sole bread earner of the family and is in custody since 23.03.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II cum Special Judge, Excise, Buxar in connection with Buxar (T) P.S. Case No. 183 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.41875 of 2021(2) dt.22-01-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T