Patna High CourtCR. MISC./47327/2021bail granted

Nand Kishore Shahani v. The State Of Bihar

2021-12-15Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47327 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== NAND KISHORE SHAHANI S/O PARAMDEO SHAHANI @ BRAMDEO SHAHANI R/o village- Hanuman Nagar, P.S.- Patrakar Nagar, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Special Case No. 3484 of 2021 (arising out of Alamganj P.R. Case No. 21/2021) registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1), 41(2) of Bihar Prohibition and Excise Amendment Act, 2018.

There is recovery of 400 litres of illicit country made liquor from a tempo.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47327 of 2021(2) dt.15-12-2021 2/3 petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. No incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that alleged recovery of liquor has been made from a tempo and peittoner is driver of the said tempo. Petitioner is in custody since 09.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 3484 of 2021 (arising out of Alamganj P.R. Case No. 21/2021), subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.47327 of 2021(2) dt.15-12-2021 3/3 bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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