Balwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39065 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== BALWAN Son of Parbhati Ram @ Parabhati Ram R/O Village - Mundi Tal, Mundi Tal, P.S. - Dadalpur, District - Churu, Rajasthan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Daudnagar P.S. Case No. 36/2022 registered for the offences punishable under Sections 30(a)/32(3)/36/41(1) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, there is alleged recovery of total 1773 liters illegal foreign liquor from Mini Container in question. The petitioner apprehended on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Nothing has been recovered from the

Patna High Court CR. MISC. No.39065 of 2022(2) dt.22-08-2022 2/3 conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner was driver of the said vehicle and he was not aware with the loaded goods. The petitioner is languishing in custody since 23.01.2022 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX cum Special Judge, Excise-2nd, Aurangabad, Bihar in connection with Daudnagar P.S. Case No. 36/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.39065 of 2022(2) dt.22-08-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T