Bhaday Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46267 of 2023 Arising Out of PS. Case No.-449 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Bhaday Saw Son Of Late Gulab Saw Resident Of Village- Maa Kailash Nagar, Behind Canara Bank, Ward No. 31, Ps- Kabaiya, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. 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.

3. Petitioner seeks bail who is in custody since 17.06.2023 in connection with Lakhisarai (Kabeiya) P.S. Case No. 449 of 2023, F.I.R. dated 16.06.2023 for the offences punishable under Section 30(a) and 45 of the Bihar Prohibition and Excise Amendment Act, 2018.

4. Recovery is of 2.250 liters of Indian made foreign liquor.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

Patna High Court CR. MISC. No.46267 of 2023(2) dt.31-07-2023 2/3 present case. He further submits that it appears from the F.I.R. as well as seizure list that 2.250 liters of Indian made foreign liquor has been recovered from the house of the petitioner. He further submits that there is non-compliance of Section 100 of Cr.P.C. The petitioner is in custody since 17.06.2023. 6 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.

7. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, 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 Additional District & Sessions Judge-IV-cum-Special Excise Court 1st, Lakhisarai in connection with Lakhisarai (Kabeiya) P.S. Case No. 449 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

Patna High Court CR. MISC. No.46267 of 2023(2) dt.31-07-2023 3/3 as directed by the court and on his absence on two consecutive dates without 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