Patna High CourtCR. MISC./53986/2023bail granted

Praduman Gond v. The State Of Bihar

2023-08-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53986 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Praduman Gond Son Of Om Prakash Gond Resident Of Village- Chitmath, Police Staton- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 14.07.2023 in connection with Nautan P.S. Case No. 120 of 2023, F.I.R. dated 29.06.2021 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

4. Recovery is of 172 liters of U.P made liquor.

5. 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 rom the

Patna High Court CR. MISC. No.53986 of 2023(2) dt.19-08-2023 2/3 conscious possession of the petitioner and the petitioner was not arrested at the spot. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor or the vehicle in question. The petitioner is in custody since 14.07.2023.

6 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that he is on bail in all the three cases.

7. 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 Special Excise Court No. 2, Siwan in connection with Nautan P.S. Case No. 120 of 2023, 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 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.

Patna High Court CR. MISC. No.53986 of 2023(2) dt.19-08-2023 3/3 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