Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65391 of 2021 Arising Out of PS. Case No.-339 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== 1.

SURAJ KUMAR S/O BAL GOBIND PRASAD R/o village- Kachahari Amber, P.S.- Bihar, District- Nalanda 2.

Aman Kumar S/o Ranjit Sinh R/o village- Dekpura, P.S.- Rahui, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioners seek bail in connection with Case No. 339C2 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment Act), 2018.

There is recovery of 201.240 litres of illicit foreign liquor.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.65391 of 2021(2) dt.07-03-2022 2/3 petitioner no. 1 has clean antecedent and petitioner no. 2 carries four cases. He further submits that petitioners have falsely been implicated in the present case. He further submits that nothing has been recovered from conscious possession of the petitioners rather the recovery has been made from the motorcycle in question. He further submits that Section 100 of the Cr.P.C. was not followed by the prosecution. Petitioners are in custody since 05.10.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Jamui in connection with Case No. 339C2 of 2021, subject to the following conditions:-

1. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.65391 of 2021(2) dt.07-03-2022 3/3

2. If the petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) shahzad/- U T