Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48333 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- GAURICHAK District- Patna ====================================================== ROSHAN KUMAR Son of Mohan Prasad R/O Village - Dahibhatta, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Saurabh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Gaurichak P.S. Case No. 147 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 140 litres illicit country made liquor from the Tempo in question. The petitioner is alleged to be the driver of tempo and he is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 08.03.2022. Petitioner bears no

Patna High Court CR. MISC. No.48333 of 2022(2) dt.16-09-2022 2/3 criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is neither driver nor owner of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is quite innocent and he has no concern with the alleged recovery.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, 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 Special Judge Excise Act, Patna City, Patna in connection with Gaurichak P.S. Case No. 147 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.48333 of 2022(2) dt.16-09-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T