Arjun Rajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41202 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Arjun Rajbhar Son of Late Donali Rajbhar @ Late Hunali Bhar R/o VillageBelthari, P.S.- Kuchaikote, Distt- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr. Vikash Kumar Shukla, learned counsel for the petitioner and Mr. Shyam Bihari Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 20.03.2024 in connection with Gopalpur P.S. Case No. 60 of 2024, F.I.R. dated 20.03.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Recovery is of 51.600 liters of country made liquor.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.41202 of 2024(3) dt.18-09-2024 2/3 the recovery has been made from the motorcycle in question. He further submits that altogether 258 pieces of Bunty Bubly country made liquor with different batch numbers, each containing 200 ml, total 51.600 liters from the gunny bag kept on motorcycle has been recovered. He further submits that neither the petitioner has any concern with the alleged recovery of the illicit liquor nor he is the owner of the motorcycle in question. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 20.03.2024.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, 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 Additional District & Sessions Judge 4th cum Exclusive Special Excise Court No. II, Gopalganj in connection with Gopalpur P.S. Case No. 60 of 2024, subject to the following conditions:- i. 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
Patna High Court CR. MISC. No.41202 of 2024(3) dt.18-09-2024 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. 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) Vanisha/- U T