Umesh Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66364 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- ROH District- Nawada ====================================================== UMESH RAJBANSHI S/o Chulaban Rajbanshi Resident of Village- Bhupesh Nagar, P.S.- Roh, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Roh P.S. Case No. 140 of 2021 for the offence punishable under Sections 30(a)(d) and 41 of the Bihar Prohibition and Excise Act.

The allegation is of recovery of 6000 litres of fermented liquor and 20 litres of illicit liquor from the mountain area in the village Bhupesh Nagar. Petitioner is said to be involved in manufacturing of the liquor.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.66364 of 2021(2) dt.10-05-2022 2/3 submits that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. He has no concern either with the manufacturing of liquor or its trade in any manner. Petitioner has clean antecedent and is in custody since 18.08.2021. Similarly situated co-accused Sito Rajbanshi has been granted bail by this Court vide order dated 28.04.2022 passed in Cr. Misc. No. 63084 of 2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He submits that the trade of illicit liquor is rampant in the State of Bihar. In spite of complete prohibition in the State, due to consumption of illicit liquor, people at large are dying everyday and they are suffering from various physical disorder, as such it would not be in public interest to release the petitioner on bail.

Considering the aforementioned facts and circumstances of the case and period of custody undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.100,000/- (Rupees one lac) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II cum Special Judge, Nawada in

Patna High Court CR. MISC. No.66364 of 2021(2) dt.10-05-2022 3/3 connection with Roh P.S. Case No. 140 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T