Suresh Kumar @ Suresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42873 of 2022 Arising Out of PS. Case No.-556 Year-2021 Thana- MALSALAMI District- Patna ====================================================== SURESH KUMAR @ SURESH DAS S/o Tun Tun Das Resident of Village - Bundel Toli, Police Station- Malsalami, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-08-2022 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 petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Special Case No. 7792 of 2021 arising out of Malsalami P.S. Case No. 556 of 2021 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 145 litres country made liquor from the scooty in question. The local people disclosed the name of the petitioner who fled away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42873 of 2022(2) dt.29-08-2022 2/3 petitioner is in custody since 17.12.2021 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner is innocent and has committed no offence as alleged in the F.I.R. It has further submitted that petitioner was not apprehended on spot.

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

Considering the facts and circumstances of the case, period of custody, the petitioner was not apprehended on spot, keeping in view clean antecedent of petitioner, 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 petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Patna, City in connection with Special Case No. 7792 of 2021 arising out of Malsalami P.S. Case No. 556 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or

Patna High Court CR. MISC. No.42873 of 2022(2) dt.29-08-2022 3/3 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) minu/- U T