Rupesh Kumar @ Rupesh Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70846 of 2023 Arising Out of PS. Case No.-305 Year-2023 Thana- KATORIYA District- Banka ====================================================== Rupesh Kumar @ Rupesh Kumar Tanti Son Of Basudev Kumar @ Basudev Tanti Resident Of Village - Mohadipur, P.S. - Bath, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Katoriya P.S. Case No.305 of 2023, lodged on 23.08.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 178.92 liters of Indian made foreign liquor has been recovered from a vehicle which was driven by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 23.08.2023 having no criminal antecedent. He further submits that under wrong impression he was driving the vehicle. He was completely unaware that liquor was loaded in the vehicle.

Patna High Court CR. MISC. No.70846 of 2023(2) dt.07-11-2023 2/3

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Banka, in connection with Katoriya P.S. Case No.305 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,

Patna High Court CR. MISC. No.70846 of 2023(2) dt.07-11-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T