Suman Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44789 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Suman Prasad Son of Bisnath Prasad Resident of Village - Purab Muhalla Jagdishpur, Ward No.17, P.s.- Jagdishpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Recovery is of about 18 liters of illicit liquor. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that the name of the petitioner has been transpired on the basis of the disclosure made by the local

Patna High Court CR. MISC. No.44789 of 2022(2) dt.16-11-2022 2/3 villagers. He further submits that the petitioner has no concern at all with the alleged recovery. He further submits that the recovery has been made from the stair house which was common way of the house and it is the joint family property. He further submits that the petitioner is not the absolute owner of the house in question.

The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Jagdishpur P.S. Case No. 206 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. 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 absence on two consecutive dates without

Patna High Court CR. MISC. No.44789 of 2022(2) dt.16-11-2022 3/3 sufficient reason, his bail bond shall be cancelled 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.

3. 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) vanisha/- U T