Dinesh Kumar @ Dinesh Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47565 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== 1.
DINESH KUMAR @ DINESH NAYAK S/O JAGDISH R/O Village/Mohalla- Nayaks, P.S- Gotan, Distt.- Nagaur(Rajasthan). 2.
Sumer S/O Harvin R/O Village- Shiv Nagaur, P.S- Gatan, Distt.- Nagaur(Rajasthan).
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Anu Priyadarshni, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
2. Learned counsel for the petitioners is permitted to make necessary correction in para Nos.1,7 and 10 in course of the day.
3. The petitioners seek bail, who are in custody since 23.04.2023 in connection with Karpurigram P.S. Case No. 25 of 2023, F.I.R. dated 22.04.2023 registered for the offence punishable under Sections 420,466,468,471,120(B)/34 of IPC and Sections 30(A), 32 (i)(iii), 36 and 41(i)(ii) of of Bihar Prohibition and Excise Act.
4. Recovery is of 3201.120 liters of foreign liquor.
Patna High Court CR. MISC. No.47565 of 2023(2) dt.03-08-2023 2/3
5. Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent and they have falsely been implicated in the present case. Further submits that from bare perusal of the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioners rather the recovery has been made from the Truck in question and the petitioners are driver of the Truck in question and they have no concern at all with the alleged recovery of illicit liquor and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 23.04.2023.
6. Learned APP for the State has opposed the prayer for bail of the petitioners.
7. Considering the aforesaid fact, nothing has been recovered from possession of the petitioners, having clean antecedent, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-1, Samastipur in connection with Karpurigram P.S. Case No. 25 of 2023,with the following conditions:- (I) One of the bailors should be the father of the
Patna High Court CR. MISC. No.47565 of 2023(2) dt.03-08-2023 3/3 petitioners.
(II) 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 sufficient reason, their bail bond shall be cancelled by the Court below.
(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(IV) 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 antecedent, 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) Nitesh/- U T