Dorjee Phuntso Khirme v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36156 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DORJEE PHUNTSO KHIRME Son of Nima Tsering Khirme @ Sri Nimat Singh Kharma R/o E-41, Zoo Road, P.S.- Chimpu, Itanagar, District - Papumpare, Arunachal Pradesh ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivanand Singh For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2023 Learned counsel for the petitioner has filed supplementary affidavit. Let it be kept on record. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Begusarai P.S. Case No. 271 of 2022 registered for the offences punishable under Section 120 (B) of the I.P.C. and Sections 30(a), 32(2) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, there is alleged recovery of 1604.475 litre foreign liquor from Tata mini truck in question.
Learned counsel for the petitioner submits that petitioner is not named in FIR and on the basis of his self-
Patna High Court CR. MISC. No.36156 of 2023(2) dt.15-06-2023 2/3 confessional statement in Amba P.S. Case No. 34 of 2021, the name of the petitioner has been transpired in this case. He further submits that petitioner has been remanded in this case from Naubatpur P.S. Case No. 221 of 2022 on 25.02.2023 and since then he is in custody. Petitioner bears criminal antecedent of six cases of similar nature out of which he is on bail in two cases. Learned counsel for the petitioner orally submits that the vehicle in question does not belong to the petitioner. Petitioner is innocent and has committed no offence as alleged against him in F.I.R. and he has falsely been implicated in the present case. No incriminating article has been recovered from the possession of the petitioner. 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, petitioner is not apprehended on the spot, 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
Patna High Court CR. MISC. No.36156 of 2023(2) dt.15-06-2023 3/3 satisfaction of learned Exclusive Special Excise Judge - I, Begusarai in connection with Begusarai Town P.S. Case No. 271 of 2022, subject to following conditions:- (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) alok/- U T