Piyush Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58420 of 2023 Arising Out of PS. Case No.-727 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Piyush Kushwaha Son Of Upendra Kushwaha Resident Of Village Kishunpali Plice Station Bariyarpur, Distt. - Deoria, (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.07.2023 in connection with Excise P.S. Case No. 727 of 2023, F.I.R. dated 16.07.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Recovery is of 315 liters of country made wine.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather 315 liters of country made wine has been recovered from the

Patna High Court CR. MISC. No.58420 of 2023(2) dt.14-09-2023 2/3 vehicle in question. He further submits that the petitioner is driver of the said vehicle in question and he has no concern at all with the alleged recovery of the illicit liquor. The petitioner is in custody since 17.07.2023.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent, let the petitioner, above named, be released on bail after framing of charge and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Siwan in connection with Excise P.S. Case No. 727 of 2023, subject to the following conditions:- i. One of the bailors shall be the father of the petitioner, namely, Upendra Kushwaha.

ii. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.58420 of 2023(2) dt.14-09-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Vanisha/- U T