Hari Kishan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47343 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== 1.

HARI KISHAN S/O BAIRA RAMJI @ BHERA RAM R/O Village- Sakra, P.S- Sakra, Distt.- Jaisalmer(Rajasthan).

2.

Kesar Ram S/O Gogala Ram @ Gokala Ram R/O Village and P.SDhorimana, Distt.- Barmer (Rajasthan). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. Petitioners, who are in custody since 26.05.2023 seek bail in connection with Jhanjharpur Excise P.S. Case No. 4/2023 dated 25.05.2023, G.O. No.12/2023, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. According to prosecution case, total 2337 litres of foreign liquor has been recovered from the possession of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedent and they have falsely been

Patna High Court CR. MISC. No.47343 of 2023(2) dt.03-08-2023 2/3 implicated in the present case. He further submits that from bare perusal of the F.I.R. as well as seizure list, it appears that nothing have been recovered from conscious possession of the petitioners rather the recovery has been made from the container in question. He further submits that the petitioner no.1 is driver and the petitioner no.2 is cleaner of the truck in question and they have no concern at all with the alleged recovery of illicit liquor and the petitioners are in custody since 26.05.2023.

5. Learned Additional Public Prosecutor for the State on the other hand vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances as well as period of custody, 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 the learned Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Jhanjharpur Excise P.S. Case No.4/2023, corresponding to G.O. No.12/2023, subject to the following conditions:-

1. One of the bailors should be the father of the petitioners.

2. Petitioners shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.47343 of 2023(2) dt.03-08-2023 3/3 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.

3. 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.

4. 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) amit/- U T