Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47302 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== SAROJ KUMAR Son of Umesh Prasad Singh Resident of Village- Chaknasir, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 06.05.2021, seeks regular bail in connection with Patepur P.S. Case No. 93 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution case, in brief, is that altogether 171 litres of illicit Indian Made Foreign Liquor was recovered from the Dalan of petitioner.

Learned counsel appearing on behalf of the petitioner submits that the alleged liquor was recovered from the Dalan of

Patna High Court CR. MISC. No.47302 of 2021(2) dt.13-01-2022 2/3 the petitioner, however, no family members were asked to put their signature on the seizure-list and received the same on behalf of petitioner, however, the petitioner was apprehended on the same day. He further submits that petitioner has falsely been implicated in this case due to dirty village politics. The petitioner has clean antecedent and he is in custody since 06.05.2021.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. One Lakh with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Patepur P.S. Case No. 93 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.47302 of 2021(2) dt.13-01-2022 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T