Harikesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49902 of 2022 Arising Out of PS. Case No.-335 Year-2021 Thana- BHORE District- Gopalganj ====================================================== Harikesh Tiwari S/O Late Bhagwat Tiwari, Resident of village- Laxmipur, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prince Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Bhore P.S. Case No. 335 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

As per prosecution case, On the basis of secret information that the petitioner was indulging in trade of illicit liquor, a raid was conducted on the house and the petitioner who managed to escape and from his house. Recovery of total 200 litres of country made chulai liquor was made and three coaccused persons have been also apprehended from the house.

Patna High Court CR. MISC. No.49902 of 2022(2) dt.19-11-2022 2/3 The learned counsel for the petitioner submits that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. He was not even present at the spot and the name of this petitioner was dragged in this case on extraneous consideration. The petitioner is in no was connected to the alleged recovery. Other persons, who were apprehended from the spot, have been granted bail by a Co-ordinate Bench vide order dated 09.02.2022 passed in Cr. Misc. No. 52100 of 2022. The petitioner is in custody since 04.07.2022 and is having clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and further considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from his conscious possession and the clean antecedent of the petitioner with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IIcum-Special Judge, Excise-I, Gopalganj in connection with

Patna High Court CR. MISC. No.49902 of 2022(2) dt.19-11-2022 3/3 Bhore P.S. Case No. 335 of 2021, subject to the other conditions under Section 437(3) of the Cr.P.C. and following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T