Roushan Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54129 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- AMBA District- Aurangabad ====================================================== ROUSHAN KUMAR TIWARI S/O SACHIDANAND TIWARI Resident of village- Sasaram Dumra, P.S.- Karahgar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Amba P.S. Case No. 104 of 2022 registered for the offences punishable under Section 30(c) of the Bihar Excise Prohibition and Amendment Act, 2018.

As per prosecution case, there is alleged recovery of 2250 kg mahua flower from the pickup van in question. Petitioner is said to be driver of the said vehicle and is apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is in custody since 16.07.2022 and bears criminal antecedent of one case of similar nature. Petitioner is not owner of pickup van in question.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.54129 of 2022(2) dt.21-10-2022 2/2 Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-1, Aurangabad in connection with Amba P.S. Case No. 104 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T