Kameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49493 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Kameshwar Prasad S/o Bhagwan Mahto R/o Village-Dighwara, P.S.- Dighwara, District-Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 211.76 litres of Indian Made Foreign Liquor from a safari car bearing Reg. No. BR-01PA-3701. Petitioner along with driver of the aforesaid vehicle was apprehended on the spot. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.49493 of 2024(2) dt.20-07-2024 2/3 committed no offence. He has no concern with the alleged recovery or with the vehicle in question. Nothing incriminating article has been recovered from his conscious possession of the petitioner. There is no independent witness of the alleged seizure. Moreover, he is languishing in judicial custody since 06.04.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise I, Gopalganj in connection with Bhore P.S. Case No. 82 of 2024, subject to the following conditions:-

1. If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.49493 of 2024(2) dt.20-07-2024 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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

3. If the petitioner repeat the offences of similar nature, as alleged in the present case, the prosecution will be at liberty to move for cancellation of bail. (Sunil Kumar Panwar, J) Nirajkrs/- U T