Dev Narayan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50102 of 2022 Arising Out of PS. Case No.-290 Year-2022 Thana- BEUR District- Patna ====================================================== 1.
Dev Narayan Prasad S/o Late Rajbali Ram R/o Village/Mohalla- Sipara, Pragatinagar (West of Railway Gumti), P.S.- Beur, District- Patna 2.
Ajeet Kumar @ Chhotu S/o Sri Dev Narayan Prasad R/o Village/MohallaSipara, Pragatinagar (West of Railway Gumti), P.S.- Beur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh For the Opposite Party/s :
Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 09-11-2022 Heard Ld. counsel for the petitioners and Ld. APP for the State.
The petitioners seek bail in connection with Beur P.S. Case No. 290 of 2022 dated 23.06.2022, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Sections 20 and 22 of the N.D.P.S. Act.
As per allegation, 10.4 liters of country-made foreign liquor and 600 gram of Ganja was recovered from the roof of the house of the petitioner.
The Ld. counsel for the petitioners submits that the
2/4 petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner because the house in question is in occupation of several persons and even as per FIR, the petitioners who are the owner of the house are residing on the second floor. He further submits that none of the petitioners had consumed alcohol.
The petitioners have been languishing in jail since 24.06.2022.
It is also stated in paragraph no. 2 of the petition that the petitioners have never moved before this Court for grant of anticipatory bail or regular bail.
It has further been stated in paragraph no. 3 of the petition that the petitioners have earlier been made accused in one more case.
However, the learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, the petitioners, above-named, are directed to be released on
3/4 bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Ld. Special Judge Excise, Patna in connection with Beur P.S. Case No. 290 of 2022 dated 23.06.2022, on the following conditions: (i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedent other than the disclosed one, the learned court below shall cancel
4/4 the bail bond of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedent despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioners.
The application stands allowed accordingly.
The learned counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ramesh/- U T