Chotu @ Rituraj @ Rituraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70172 of 2021 Arising Out of PS. Case No.-248 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== CHOTU @ RITURAJ @ RITURAJ KUMAR S/o Balram Prasad Singh R/o Village- Jagdishpur, P.S.- Vaishali (Belsar O.P.), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Namrata Mishra, Adv For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Vaishali (Belsar O.P.) P.S.Case No.248 of 2021, registered for the offence under Sections 414 of IPC and Sections 30(a),41(1) of the Bihar Prohibition and Excise Act, 2016.

Recovery is of 690.84 liters of Indian made foreign liquor from Bolero and 8.64 liters of Indian made foreign liquor from the Scooty.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.70172 of 2021(2) dt.11-03-2022 2/3 implicated in the present case. He further submits that it appears form the FIR as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the one Bolero Pick-Up Van and one Scooty in question. He further submits that the petitioner has no concern with the alleged recovery. He further submits that Section 100 Cr.P.C. has not followed in the present case and the petitioner is in custody since 25.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 learned Additional District and Sessions Judge-II-cum-Special Judge, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S.Case No.248 of 2021 with the following conditions:-

(1) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.70172 of 2021(2) dt.11-03-2022 3/3

(2) 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.

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) Nitesh/- U T