Ram Pukar Kumar @ Suddu @ Pushkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53409 of 2023 Arising Out of PS. Case No.-496 Year-2023 Thana- DANAPUR District- Patna ====================================================== RAM PUKAR KUMAR @ SUDDU @ PUSHKAR SON OF MUNARIK YADAV @ MUNDRIKA YADAV RESIDENT OF PAINAPUR, POLICE STATION - BIKRAM, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 12.04.2023 seeks bail, in connection with Special Excise Case No.881/2023, arising out of Danapur P.S. Case No.496/2023, dated 11.04.2023, for the offence punishable under Sections 30(a), 32(ii)(iii), 41(i)(ii) Bihar Prohibition and Excise Act.

3. According to prosecution case, total 84 litres of foreign liquor has been recovered from the car in question.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that from bare perusal of the F.I.R. as well as seizure list, it appears that nothing has been recovered from

Patna High Court CR. MISC. No.53409 of 2023(2) dt.19-08-2023 2/3 conscious possession of the petitioner rather the recovery has been made from the car in question and the petitioner is not the owner of the said car in question and there is non-compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 12.04.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried four criminal antecedent other than the present one.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after framing of charge, 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 Judge, Danapur, Patna in connection with Special Excise Case No.881/2023, arising out of Danapur P.S. Case No.496/2023, subject to the following conditions:-

1. 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

Patna High Court CR. MISC. No.53409 of 2023(2) dt.19-08-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. 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) amit/- U T