Virju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41859 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- SONPUR (R.T) District- Muzaffarpur ====================================================== 1.

VIRJU KUMAR S/O RAJVANSHI RAI Resident of village- Vishanpur, P.S.- Bidupur, District- Vaishali.

2.

RAJESH KUMAR S/O SINGESHWAR RAY Resident of village- Saidabad, P.S.- Raghopur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-08-2022 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 petitioners and learned A.P.P. for the State in virtual court proceeding. The petitioners seek bail in connection with Rail Sonepur P.S. Case No. 82 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 224 litre illicit country made liquor from the tempo in question and petitioners were apprehended on the spot while other succeeded in fleeing away.

Patna High Court CR. MISC. No.41859 of 2022(2) dt.26-08-2022 2/3 Learned counsel for the petitioners submits that petitioners are in custody since 25.04.2022 and bear no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing has been recovered from possession of the petitioners. Petitioners are neither owner nor driver of the alleged tempo.

The learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II cum Additional Sessions Judge, Vaishali in connection with Rail Sonepur P.S. Case No. 82 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.41859 of 2022(2) dt.26-08-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioners 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 petitioners tamper 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) shahzad/- U T