Vijay Sah @ Bijay Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46105 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- NAYAGAON District- Begusarai ====================================================== VIJAY SAH @ BIJAY SAO Son of Rameshwar Sah Resident of Village - Bagdov, P.S.- Naya Gaon, Distt.- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Naya Gaon P.S. Case No. 27 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. There is total recovery of 585 litres of illicit foreign liquor from a vehicle.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. Learned counsel further submits that in fact, nothing has been recovered

Patna High Court CR. MISC. No.46105 of 2021(3) dt.15-12-2021 2/3 from conscious possession of the petitioner rather the recovery has been made from a Magic goods carrier. Petitioner is driver of the vehicle in question. Charge sheet has been submitted in this case. Petitioner is in custody since 09.05.2021. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Excise Act, Begusarai in connection with Naya Gaon P.S. Case No. 27 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.46105 of 2021(3) dt.15-12-2021 3/3 prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T