Patna High CourtCR. MISC./70874/2023bail granted

Ramesh v. The State Of Bihar

2023-11-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70874 of 2023 Arising Out of PS. Case No.-697 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Ramesh, Son of Kheraj Ram, Resident of Viilage - Aadela, P.S. - Rageshwari Gais Terminal Rawli Nari Nagar, District - Badmer (rajsthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 697/2023 lodged on 23.07.2023 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per the prosecution case, total recovery of 2862 litres Indian Made Foreign Liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is a Khalasi of the vehicle and he has no option but to work in the truck as a cleaner. The petitioner is in custody since 25.07.2023 having no criminal antecedent.

Patna High Court CR. MISC. No.70874 of 2023(2) dt.07-11-2023 2/3

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

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, but only after framing of 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 Exclusive Special Excise Judge- V, Gaya, in connection with Barachatti P.S. Case No.697/2023, 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.70874 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) Ashwini/- U T