Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46027 of 2021 Arising Out of PS. Case No.-258 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

SATISH KUMAR S/o JAGDEO PRASAD YADAV R/o VILLAGE-CHAIN SINGH PATTI, P.S-SUPAUL, DISTRICT-SUPAUL.

2.

VIJAY YADAV S/o BALDEV YADAV R/o VILLAGE-CHAIN SINGH PATTI, P.S-SUPAUL, DISTRICT-SUPAUL.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Sadar P.S. Case No. 258 of 2021, bearing Special Excise No. 389 of 2021 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 135 liters of foreign liquor.

Learned counsel appearing for the petitioners

Patna High Court CR. MISC. No.46027 of 2021(2) dt.13-12-2021 2/3 submits that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioners rather the alleged recovery has been made from the dickey of the vehicle in question. Neither the petitioners happen to be owner of the alleged vehicle nor they are the driver or co-driver of the vehicle in question. The petitioners have been apprehended in this case merely on the basis of suspicion. The have no concern with the alleged recovery of illicit liquor. The petitioners are rotting in judicial custody since 27.05.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea in connection with Sadar P.S. Case No. 258 of 2021 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.46027 of 2021(2) dt.13-12-2021 3/3 Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) braj/- U T