Pappu Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61241 of 2023 Arising Out of PS. Case No.-602 Year-2023 Thana- Excise P.S. District- Araria ====================================================== Pappu Kumar Bhagat Son Of Yugal Bhagat @ Yugal Prasad Resident Of Village- Khariya Basti, Ward No. 15, P.S. And District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 27.07.2023 in connection with Araria Excise P.S. Case No. 602 of 2023, F.I.R. dated 26.07.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 106.875 liters of foregin liquor and 118 liters of beer.
4. Learned counsel for the petitioner submits that petitioner is innocent 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 the recovery has been made from the courtyard of the petitioner. He further
Patna High Court CR. MISC. No.61241 of 2023(2) dt.20-09-2023 2/3 submits that there is non-compliance of Section 100 of Cr.P.C. The petitioner is in custody since 27.07.2023. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.
6. Considering the aforesaid facts and circumstances, 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 Exclusive Special Excise Court No. 2 Araria in connection with Araria Excise P.S. Case No. 602 of 2023, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.61241 of 2023(2) dt.20-09-2023 3/3 move for cancellation of bail.
iii. 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