Bholi @ Sachin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47579 of 2021 Arising Out of PS. Case No.-170 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== BHOLI @ SACHIN Son of Balchand Yadav @ Balchand Prasad Resident of Village - Fatehpur, P.s.- Akbarpur, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== 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 APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 07.04.2021 seeks regular bail in connection with Akbarpur P.S. Case No. 170 of 2021 registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case in brief is that a raid was conducted and 10 litres of mahua liquor was recovered from the house of one Sumanti Devi and about 71 litres of mahua wine and a motorcycle bearing Registration No. BR2774635 were recovered from near Banyan tree at Fatehpur Pokharpar.
Patna High Court CR. MISC. No.47579 of 2021(2) dt.13-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that the alleged motorcycle and mahua liquor which have been recovered from the place of occurrence near Fatehpur Pokharpar is of some other person. Petitioner has been roped in the present case due to his involvement in Akbarpur P.S. Case No. 84 of 2021. He further submits that nothing has been recovered from the conscious possession of the petitioner and he is in custody since 07.04.2021 without any fault.
Learned A.P.P. has opposed the prayer for bail. Considering the facts and circumstances of the case as well as there is no allegation of tampering the evidence or influencing the witness against the petitioner, the petitioner above named is directed to be enlarged to bail upon furnishing bail bond of Rs. 1,00,000/- (Rupees One Lac) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case No. 170 of 2021subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
Patna High Court CR. MISC. No.47579 of 2021(2) dt.13-01-2022 3/3 (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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. (iv) 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 bond.
(Purnendu Singh, J) Niraj/- U T