Patna High CourtCR. MISC./47357/2023bail granted

Randhir Kumar v. The State Of Bihar

2023-08-03Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47357 of 2023 Arising Out of PS. Case No.-487 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Randhir Kumar Son Of Arvind Ram R/O-Ketru Nawada, P.S.-GIDHAR, Distt.-JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Pd. Keshri, Advocate For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 10.05.2023 in connection with Excise Thana P.S. Case No. 487C2/2023, F.I.R. dated 09.05.2023 registered for the offence punishable under Sections 30(a) and 56(2)(11) of Bihar Prohibition and Excise Act.

3. Recovery is of 85.500 liters of English wine.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. Further submits that from bare perusal of the FIR as well as the seizure list that nothing has been recovered from

Patna High Court CR. MISC. No.47357 of 2023(2) dt.03-08-2023 2/3 conscious possession or the house of the petitioner rather the recovery has been made from the Auto in question and the petitioner is neither the owner nor the driver of the Auto in question and the petitioner has no concern at all with the alleged recovery of illicit liquor and the petitioner is in custody since 10.05.2023.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, nothing has been recovered from possession of the petitioner, having 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 learned Additional District and Sessions Judge-V-cum-Special Judge (Excise), Court No.2, Lakhisarai in connection with Excise Thana P.S. Case No. 487C2/2023,with the following conditions:- (I) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.47357 of 2023(2) dt.03-08-2023 3/3 (II) 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.

(III) 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) Nitesh/- U T