Amar Nath Sah @ Amar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53513 of 2021 Arising Out of PS. Case No.-964 Year-2020 Thana- ARARIA District- Araria ====================================================== AMAR NATH SAH @ AMAR JHA S/o Mahendra Sah Residence of Vill/ Mohalla- Bhalpatti, P.S.- Sadar (Bhalpatti O.P.), Dsitt- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kedar Jha, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2022 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 Special Case No. 983 of 2020 arising out of Araria (Bairgachhi) P.S. Case No. 964 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Recovery is of 890.640 liters of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.53513 of 2021(2) dt.10-01-2022 2/3 implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from a pickup van bearing registration No. BR-07GA-4837. The petitioner has no concern with the alleged recovery of illicit liquor and the vehicle in question. Moreover, the co-accused, namely, Chandra Kishore Rai And Govind Rai, who are said to be driver and khalasi of the vehicle in question, have already been granted bail by a co-ordinate Bench of this Court vide order dated 14.06.2021 passed in Cr. Misc. No. 12807 of 2021. The petitioner is rotting in judicial custody since 18.08.2021.
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 as is evident from paragraph-3 of the petition.
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 2nd Additional Sessions Judge -cum- Special Judge (Excise Act), Ararai in connection with Special Case No. 983
Patna High Court CR. MISC. No.53513 of 2021(2) dt.10-01-2022 3/3 of 2020 arisen out of Araria (Bairgachhi) P.S. Case No. 964 of 2020 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 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