Om Prakash Gond @ Pakai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62476 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- ITARHI District- Buxar ====================================================== OM PRAKASH GOND @ PAKAI, Son Of Shivnath Gond, R/O VillageKukurha, P.S.- Itarhi, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh, Advocate For the Opposite Party/s :

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Itarhi P.S. Case No. 254 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

1 liter country made liquor has been recovered from near a Bamboo tree. The petitioner has been apprehended as the person who was feeling away.

Learned counsel for the petitioner submits that the petitioner's implication is on account of his antecedents. Recovery is from an open place and the petitioner is in custody since 22.08.2022. Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the

Patna High Court CR. MISC. No.62476 of 2022(2) dt.13-01-2023 2/2 submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-I, Buxar, in connection with Itarhi P.S. Case No. 254 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) shashank/- U T