Ghanshyam Rastogi @ Dhanshyam Rohstagi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34489 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== GHANSHYAM RASTOGI @ DHANSHYAM ROHSTAGI S/o Krishna Prasad Rastogi R/o village- Jafarpur, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Paroo P.S. Case No. 98 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 31.05 litre illicit foreign liquor from the car in question and the apprehended co-accused Sushil Kumar disclosed the name of the petitioner and others who fled away from the spot. Learned counsel for the petitioner submits that petitioner is in custody since 12.03.2022 and bears no criminal

Patna High Court CR. MISC. No.34489 of 2022(2) dt.12-08-2022 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner has no concern with the alleged seized liquor. Petitioner is neither owner nor driver of the car in question. Seizure list has not been made as per law. 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, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, 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 to the satisfaction of learned Exclusive Special Judge (Excise) Court No. II, Muzaffarpur in connection with Paroo P.S. Case No. 98 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

Patna High Court CR. MISC. No.34489 of 2022(2) dt.12-08-2022 3/3 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