Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63936 of 2022 Arising Out of PS. Case No.-192 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

Rishu Kumar Son of Rajanikant Singh R/o Vill.- Khalilpur, P.S.- Karasa, Distt.- Muzaffarpur 2.

Ravi Yadav Son of Hiralal Yadav R/o Vill.- Halamai, P.S.- Mandhata, Distt.- Pratapgarh (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-01-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.

The petitioners seek bail in connection with Mohammadpur P.S. Case No.192 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per allegation, 284.5 liters of foreign liquor has been recovered from a Maruti Suzuki Car bearing Registration no. DL4CAM- 4281.

Ld. counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in

2/4 this case. He further submits that nothing has been recovered from the conscious possession of the petitioners. He also submits that the petitioners have nothing to do with the alleged liquor.

He further submits that the petitioners have been languishing in jail since 23.08.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioners have no criminal antecedents.

It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, abovenamed, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge-II-cum-Special Judge, Excise-I,

3/4 Gopalganj in connection with Mohammadpur P.S. Case No. 192 of 2022 on the following conditions:

(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.

(ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

4/4 (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.

Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) chandan/- U T