Abhishek Kumar @ Bark @ Baraka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42402 of 2022 Arising Out of PS. Case No.-372 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== 1.
Abhishek Kumar @ Bark @ Baraka S/O Late Paras Sah Resident of village and P.S.- Kanti, District- Muzaffarpur.
2.
Pratik Kumar S/O Jai Prakash Sah Resident of village and P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-11-2022 Learned counsel for the petitioners is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioners and learned APP for the State in Virtual Court Proceeding. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016-2018. Recovery is of 45.525 litres of illicit foreign liquor. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case only on the basis of disclosure
Patna High Court CR. MISC. No.42402 of 2022(2) dt.11-11-2022 2/3 made by co-accused persons namely Ashutosh Kumar and Pramod Kumar. He further submits that except the confessional statement of co-accused persons, no cogent material has come during investigation against the petitioners and it it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioners. Learned APP for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Court below where the case is pending in connection with Kanti P.S. Case No. 372 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioners 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 their absence on two consecutive dates without
Patna High Court CR. MISC. No.42402 of 2022(2) dt.11-11-2022 3/3 sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T