Bam Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54955 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== BAM BAHADUR RAI Son of Late Saryug Rai Resident of Village - Divan Tole, P.s.- Gangabridge, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-10-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Raghopur P.S. Case No. 71 of 2021 registered for the offences punishable under Sections 272, 273 of the I.P.C. read with Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 935 liter country made liquor from the place of occurrence. It is alleged that petitioner and others fled away from the place occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.54955 of 2022(2) dt.21-10-2022 2/3 petitioner is in custody since 21.04.2022. Petitioner bears one criminal antecedent of similar nature. Learned counsel further submits that nothing has been recovered from the conscious possession or personal possession of the petitioner. Petitioner is not apprehended on spot. Petitioner has no concern with the alleged recovered liquor.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot 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 Exclusive Special Excise Court - II-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 71 of 2021, 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

Patna High Court CR. MISC. No.54955 of 2022(2) dt.21-10-2022 3/3 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) amitkr/- U