Gopi Sah @ Gopichan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53079 of 2021 Arising Out of PS. Case No.-82 Year-2021 Thana- BHITAHA District- West Champaran ====================================================== GOPI SAH @ GOPICHAN SAH Son of Late Tulsi Sah Resident of Village - Redaha, P.S. - Bhitaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhitaha P.S. Case No. 82 of 2021 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Recovery is of 7 liters of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner. Although,

Patna High Court CR. MISC. No.53079 of 2021(2) dt.07-01-2022 2/3 the alleged recovery of seven liters of country made liquor is said to have made from the possession of the petitioner, the petitioner has sufficiently been punished for the alleged recovery as he is rotting in judicial custody since 13.06.2021 i.e. more than seven months.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner owns four more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Bhitaha P.S. Case No. 82 of 2021 with the following conditions:-

(1) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.53079 of 2021(2) dt.07-01-2022 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) braj/- U T