Tejveer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41612 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== 1.

Tejveer S/O Sitaram, Resident of AS2, Pachhaya Mohallah Chhawla, P.S.- Dinpur, District- South West Delhi.

2.

Rajveer Singh @ Khuranne S/O Inam Das, Resident of Village- Sawla, P.S.- Lavedi, District- Etawah, Uttar Pradesh ... ... Petitioners

Versus

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

For the Petitioner/s :

Ms.Aprajita, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioners and learned APP for the state.

Petitioners seek regular bail in connection with Simri P.S. Case No. 23 of 2022 alleged under Sections 30(a), 32(i), 32(ii), 36 and 41(i) of Bihar Prohibition and Excise Act. As per the prosecution, total 368.250 litres of foreign liquor were alleged to be recovered from a vehicle from which the petitioners were apprehended.

Learned counsel for the petitioners submits that both the petitioners are not resident of Bihar. They have visited Bihar

Patna High Court CR. MISC. No.41612 of 2022(2) dt.29-08-2022 2/3 for some religious purposes. It was further submitted that they were completely unknown and unaware that excise material is loaded on the vehicle and vehicle belongs to their relatives. Learned counsel for the petitioners further submits that charge sheet has already been filed in this case and petitioners are in custody since 04.02.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Darbhanga in connection with Simri P.S. Case No. 23 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioners.

B. The petitioners shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.41612 of 2022(2) dt.29-08-2022 3/3 this condition shall be resulted into cancellation of their present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T