Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36353 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- MANJHI District- Saran ====================================================== 1.

PAWAN KUMAR S/O RAMPRASAD MERON @ RAMPRASAD R/O Village Paroliya, P.S Jirapur, Dist.-Rajgarh, Madhya Pradesh 2.

LAKHAN MERON @ LAKHAN Village- Kharpa, P.S Jirapur, Dist.- Rajgarh, Madhya Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== 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 Manjhi P.S. Case No. 99 of 2023 registered for the offences punishable under Sections 420, 272, 273, 120(B) of I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Amendment Act. As per prosecution case, there is alleged recovery of 4244.760 litre foreign liquor from the truck in question and petitioners were apprehended on the spot.

Learned counsel for the petitioners submits that petitioners are quite innocent and have not committed any offence and they have falsely been implicated in this case.

Patna High Court CR. MISC. No.36353 of 2023(2) dt.14-06-2023 2/3 Petitioners are in custody since 19.03.2023 and bear no criminal antecedent. Seizure list has not been made in accordance with law. He further submits that petitioners have no knowledge regarding the alleged seized liquor.

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

Considering the facts and circumstances of the case, period of custody, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 99 of 2023, 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 present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for

Patna High Court CR. MISC. No.36353 of 2023(2) dt.14-06-2023 3/3 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) shahzad/- U T