Chani Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63641 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- PARSA District- Saran ====================================================== Chani Nut Son of Late Jogi Nut Resident of Village - Shankrdih, P.S.- Parsa, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-09-2024 Heard Mr. Nalin Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 21.06.2024 in connection with Parsa P.S. Case No. 151 of 2024, F.I.R. dated 07.05.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 300 liters of country made liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession or the house of the petitioner rather the recovery has been made from the house of the co-accused

Patna High Court CR. MISC. No.63641 of 2024(2) dt.04-09-2024 2/3 person. He further submits that the name of the petitioner has been transpired on the basis of the disclosure made by the coaccused, namely, Bhardul Nut, Dasai Kumar and Putul Devi and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 21.06.2024.

5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances, 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 the learned 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Parsa P.S. Case No. 151 of 2024, subject to 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

Patna High Court CR. MISC. No.63641 of 2024(2) dt.04-09-2024 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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 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) Vanisha/- U T