Srikant Kumar @ Budhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37216 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Srikant Kumar @ Budhan, Son Of Ram Barat Yadav, R/O Village- Kuwar Bigha, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Rafiganj P.S. Case No. 186 of 2022, registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the police received secret information that the petitioner and co-accused persons having indulging in illicit sale of Mahua flowers and they have concealed the same beneath the husk in their land. A raid was conducted and the petitioner was apprehended and the co-

Patna High Court CR. MISC. No.37216 of 2022(2) dt.02-09-2022 2/3 accused fled away from the spot. On search of that place, about 600 K.G. of Mahua flower was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has nothing to do with the recovery allegedly made or the place from where the recovery has been shown. The land on which recovery has allegedly been made belongs to one Md. Safik. Charge sheet has been submitted and the petitioner is in custody since 28.05.2022.

Learned A.P.P. opposes the prayer for bail submitting that the petitioner is a habitual offender.

Having regard to the submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-1, Aurangabad, in connection with Rafiganj P.S. Case No. 186 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

Patna High Court CR. MISC. No.37216 of 2022(2) dt.02-09-2022 3/3 (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below. (iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T