Jhota Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56331 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- AGIAON District- Bhojpur ====================================================== VIKRAMA SINGH S/o Late Bhola Singh R/o Village- Laharpa, P.S.- Agiaon (G), Distt- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58146 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- AGIAON District- Bhojpur ====================================================== JHOTA MUSHAR S/O THAGU MUSHAR Resident of village- Laharpa, P.S.- Agiaon (G), District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 56331 of 2022) For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Gulnar Begum (In CRIMINAL MISCELLANEOUS No. 58146 of 2022) For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-01-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.
The petitioners seek bail in connection with Agiaon (G) P.S. Case No. 54 of 2022, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.
2/4 As per allegation total 30 liters illegal Mahua liquor was recovered from a samudayik bhawan.
Ld. counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioners and not arrested on the spot. He also submits that search and seizure has not been made as per the procedure as prescribed under Section 100 Cr. P.C.
He further submits that the petitioners have been languishing in jail since 21.05.2022 and 21.06.2022, respectively.
It has also been stated in paragraph no. 3 of the bail petition that the petitioners have earlier been made accused in one other case.
It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail.
3/4 Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above-named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. 1St Exclusive Special Excise Court Bhojpur at Ara, in connection with Agiaon (G) P.S. Case No. 54 of 2022, on the following conditions:
(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.
(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
4/4 (iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.
Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ramesh/- U T