Bidur Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52369 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Bidur Kumar Son Of Uchit Mandal R/o Village Sahpur P.S- Ghogha (KAHALGOAN), District Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anupa Nand Jha,Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-08-2023 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 06.03.2023 in connection with Kahalgaon (Rasalpur) P.S. Case No. 264 of 2023, F.I.R. dated 05.03.2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 55 liters of country made liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that from a bare perusal of the FIR as well as the seizure list that altogether 55 liters of country made liquor (Mahua) has been recovered from possession of the petitioner. Learned counsel for the petitioner submits that there
Patna High Court CR. MISC. No.52369 of 2023(2) dt.19-08-2023 2/3 is non-compliance of Section 100 of Cr.P.C. and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 06.03.2023.
5. Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 A.D.J.-XII-cum-Special Judge, (Excise-II), Bhagalpur in connection with Kahalgaon (Rasalpur) P.S. Case No. 264 of 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. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.52369 of 2023(2) dt.19-08-2023 3/3 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