Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35507 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- BIHRA District- Saharsa ====================================================== 1.

RAJESH KUMAR S/O AMAR SINGH R/O Shahbad Dairy Prahladpur, North West, New Delhi Block Makan No. 168, Delhi-110042. 2.

RAM KUMAR S/O RAM KARAN R/O Village Shahbad Dairy Prahladpur, North West Delhi, Block Makan No. 165, Delhi-110042. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Bihra P.S. Case No. 253/2022 registered for the offences punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise Act. As per prosecution case, there is alleged recovery of 5637.88 liters foreign liquor from truck in question. Petitioner no.1 is co-driver and petitioner no.2 is conductor of the said truck and they were apprehended on the spot.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.35507 of 2023(2) dt.14-06-2023 2/3 of the petitioners. He further submits that the petitioners are languishing in custody since 09.11.2022 and bear no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special (Excise) Judge, Saharsa in connection with Bihra P.S. Case No. 253/2022, 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) Petitioners will co-operate in trial and will remain

Patna High Court CR. MISC. No.35507 of 2023(2) dt.14-06-2023 3/3 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 petitioners tamper 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) amitkumar/- U T