Rudal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61526 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Rudal Das S/O Late Rameshwar Das R/O Village- Sangrampur Karnauti, Ps. Mahnar, Dist. Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyaneshwar Govind, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 15.05.2023, in connection with Mahnar P.S. Case No. 138 of 2023, F.I.R. dated 13.05.2023 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Recovery is of 06 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that 06 litres of country made liquor has been recovered from the conscious possession of the petitioner and

Patna High Court CR. MISC. No.61526 of 2023(3) dt.26-09-2023 2/3 there is non compliance of Section 100 of the Cr. P.C. and it appears that nothing has been recovered from the conscious possession of the petitioner and the present F.I.R. was instituted on the basis of disclosure made by local Choukidar. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 15.05.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the petition that the petitioner is on bail in both the cases.

6. Considering the facts and circumstances of the case, 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 Exclusive Special Excise Court No.2 cum Additional District & Sessions Judge, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 138 of 2023, subject to 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 absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.61526 of 2023(3) dt.26-09-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, 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 antecedents, 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) Ibrar//- U T