Bothari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37236 of 2023 Arising Out of PS. Case No.-326 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== BOTHARI SINGH S/O BAMBAM SINGH R/O Vill. Kiul Basti, Ward No. 20, PS. Kabaiya, Dist. Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== 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 Excise P.S. Case No. 326C2 of 2023 registered for the offences punishable under Sections 37 of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, petitioner is apprehended in drunken condition.

Learned counsel for the petitioner submits that petitioner is in custody since 30.03.2023. Petitioner bears one criminal antecedent of similar nature. Learned counsel further submits that petitioner is innocent and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the

Patna High Court CR. MISC. No.37236 of 2023(2) dt.14-06-2023 2/3 conscious possession of the petitioner.

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 as well as period of custody, argument advanced on behalf of the parties 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 Additional District and Sessions Judge - V-cum-Exclusive Spl. Court No. 2nd, Excise Act, Lakhisarai in connection with Excise P.S. Case No. 326C2 of 2022, 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) 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

Patna High Court CR. MISC. No.37236 of 2023(2) dt.14-06-2023 3/3 move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T