Shishir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38765 of 2022 Arising Out of PS. Case No.-327 Year-2021 Thana- RAJAON District- Banka ====================================================== Shishir Kumar Son Of Ram Bilekh Choudhary Resident Of Village - Barri Behta, P.S.- Choraut, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-09-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Rajoun P.S. Case No. 327 of 2021 for the offences punishable under Sections 30(a), 32(2) of the Bihar Excise (Prohibition) Amendment Act.

As per the prosecution case, it is alleged that the police on secret information intercepted a six wheeler truck bearing registration no BR-24G-0756 and on search total 1286.850 Indian made foreign liquor has been recovered.

Patna High Court CR. MISC. No.38765 of 2022(2) dt.16-09-2022 2/3 The petitioner is said to be driver of the truck, who was apprehended at the spot.

Learned counsel for the petitioner submits that the petitioner is neither driver nor Khalsi of the truck. In fact while he was returning to his house, he took lift on the said truck and in the meantime, the police intercepted the truck and he was apprehended on suspicion. He further submits that the driver of the vehicle in question namely, Lal Bahadur Sah has already been granted bail by this Court in Cr. Misc. No. 7274 of 2022 vide order dated 26.05.2022. Moreover, petitioner is in custody since 01.09.2021, having clean antecedent, though the investigation has already been completed and the charge sheet has submitted. On the other hand, learned counsel for the State opposed the bail application.

Regard being had to the submission made on behalf of the parties and considering the fact that petitioner having clean antecedent and is in custody since 01.09.2021and co-accused having identical allegation has already been granted bail by a co-ordinate Bench of this Court, let the petitioner, above named, be released on bail

Patna High Court CR. MISC. No.38765 of 2022(2) dt.16-09-2022 3/3 on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-V, Banka in connection with Rajoun P.S.Case No. 327 of 2021 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T