Tirloki Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37533 of 2023 Arising Out of PS. Case No.-682 Year-2021 Thana- NAWADA District- Nawada ====================================================== TIRLOKI PRASAD SON OF ROOP LAL MAHTO RESIDENT OF VILLAGE DHARHARA PO JHURJHURI PS BARKATTHA DIST HAZARIBAGH JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Ratan Bharti For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nawada (Town) P.S. Case No. 682 of 2021 dated 01.07.2021 registered for the offences punishable u/s sections 33, 34, 36 of the Bihar Prohibition and Excise Act.

As per the prosecution case, one Sailendra @ Salo Yadav died due to consumption of illicit liquor. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused Kartik Kumar. Nothing has been recovered from the

Patna High Court CR. MISC. No.37533 of 2023(2) dt.28-06-2023 2/2 conscious possession of the petitioner. The petitioner has got 20 other criminal antecedents which were lodged in the same year of 2021 except one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada (Town) P.S. Case No. 682 of 2021, with the condition/s:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T