Anil Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35771 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- PIRI BAZAR District- Lakhisarai ====================================================== ANIL SADA son of Bhaso Sada Resident of Village- Bariarpur Mushari, PSPiri Bazar, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narsingh Tanti For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 147 of 2022 registered for the offences punishable under Section 30(a) and 37(i) of the Bihar Prohibition and Excise (Amendment) Act ,2018. As per prosecution case, 15 litre country made liquor recovered from the house which was situated in southern side of the house of the petitioner and petitioner apprehended on spot in drunken condition.

Learned counsel for the petitioner submits that petitioner is in custody since 19.10.2022 and bears criminal antecedent of two cases which are similar to the present case and in which he is on bail. Charge sheet has been submitted in

Patna High Court CR. MISC. No.35771 of 2023(2) dt.14-06-2023 2/3 the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing has been recovered from the conscious possession of the petitioner. No recovery was made from his house. He further submits that there is no independent witness of seizure list and hence there is violation of Section 100 of Cr.P.C. He further submits that petitioner is quiet innocent and has falsely been implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, 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 satisfaction of learned A.D.J.-IVth cum-special Excise Court 1st Lakhisarai in connection with Piri Bazar P.S. Case No. 147 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.35771 of 2023(2) dt.14-06-2023 3/3 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) vashudha/- U T