Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.442 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- BHELDI District- Saran ====================================================== Lal Sah S/o- Late Yogendra Sah Resident of Village- Kishunpur, P.S.- Bheldi, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2022 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 learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 30(A)/41(i) of Bihar Prohibition and Excise Act.

Recovery is of 86 litres of illicit liquor from the joint house of the accused persons.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Further submits that it appears from the F.I.R. as well as seizure list 86 litres of illicit liquor was recovered from the joint house

Patna High Court CR. MISC. No.442 of 2022(3) dt.28-04-2022 2/3 of co-accused and 140 litres of liquor has been recovered from the bushes. In fact, nothing has been recovered from the conscious possession of the petitioner or the house of the petitioner. Similarly situated co-accused Ramanand Manjhi has been granted bail by this Court vide order dated 11.03.2022 in Cr. Misc. No. 72386 of 2021 and the petitioner is in custody since 04.12.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one.

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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bheldi P.S. Case No. 296 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.442 of 2022(3) dt.28-04-2022 3/3

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

(3) 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) Ibrar//- U T