Gorelal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49374 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- KHAIRA District- Jamui ====================================================== GORELAL SAH S/o VISHUN SAH @ VISHUNDEO SAH R/o VILLAGEKAGESHWAR, P.S-KHAIRA, DISTRICT-JAMUI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-12-2021 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 Khaira P.S. Case No. 138 of 2021 registered for the offences punishable under Sections 272, 273, 34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

There is recovery of 236.25 litres of illicit liquor. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that it appears from the FIR itself that alleged

Patna High Court CR. MISC. No.49374 of 2021(2) dt.20-12-2021 2/3 recovery has been made from the house of co-accused, Suresh Pasko. No incriminating article has been recovered from conscious possession of the petitioner. Petitoner has no concern with the seized liquor. Charge sheet has been submitted against the petitioner. Petitioner is in custody since 13.05.2021. 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 2nd Additional Sessions Judge, Jamui in connection with Khaira P.S. Case No. 138 of 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 bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.49374 of 2021(2) dt.20-12-2021 3/3 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