Baban Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51729 of 2022 Arising Out of PS. Case No.-234 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Baban Gond Son of Chote Lal Gond R/V- Murkikala, Mohammadabad, P.Smohammadabad, Dist- Gazipur (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Ara Muffasil P.S. Case No. 234 of 2022, lodged under Sections 467, 468, 471, 420 of Indian Penal Code read with Sections 30(a), 32(iii) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, the total recovery of 569.520 liters of English wine is the subject matter of present case. Learned counsel for the petitioner submits that petitioner is a daily wages labour and the van driver has appointed him at the labour cost of Rs.1000/- per day. He further submits that petitioner is completely unaware that what is loaded

Patna High Court CR. MISC. No.51729 of 2022(2) dt.14-10-2022 2/3 in the van. He further submits that petitioner is in custody since 02.07.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Bhojpur at Ara in connection with Ara Mufassil P.S. Case No. 234 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.51729 of 2022(2) dt.14-10-2022 3/3 this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T