Raja Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41826 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== RAJA THAKUR S/O LATE AKLU THAKUR Resident of VillageJagdishpur Baghnagri, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Kishore Thakur For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-09-2022 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 Sakra P.S. Case No. 79/2022 registered for the offences punishable under Sections 272, 273, 120(B), 420, 467, 468 and 471 of the Indian Penal Code and Sections 30(a), 36 and 41 (i) (ii) of the Bihar Prohibition and Excise Act, 2018.
As per prosecution case, there is alleged recovery of total 2131.08 liters foreign liquor from different vehicles in question. The petitioner and others apprehended on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.41826 of 2022(2) dt.05-09-2022 2/3 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 13.02.2022 and bears no criminal antecedent. The petitioner is neither concerned with the seized vehicles in question nor concerned with the seized liquor. Seizure list has not been prepared as per law. Learned counsel for the petitioner further submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. Co-accused, Binod Chaudhary @ Vinod Chaudhary has been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No.31257/2022 and the case of present petitioner stands on similar footing.
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 in this case as 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1,
Patna High Court CR. MISC. No.41826 of 2022(2) dt.05-09-2022 3/3 Muzaffarpur in connection with Sakra P.S. Case No. 79/2022, 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.
(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