Anurag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70604 of 2023 Arising Out of PS. Case No.-343 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Anurag Kumar Son of Gopal Prasad Sahu R/o vill - Dangwar Road (Krishna Ghat), P.s. - Hussainabad, Distt. - Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Nabinagar P.S. Case No.343 of 2023, lodged on 20.08.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, FIR has been lodged against the petitioner along with other accused persons with allegation that the petitioner was driving the Scorpio vehicle and from his vehicle 162.760 liters of country-made wine has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 21.08.2023 having no criminal antecedent. Under wrong impression he was driving the vehicle

Patna High Court CR. MISC. No.70604 of 2023(2) dt.09-11-2023 2/3 as nobody has disclosed him that wine has been kept in the vehicle.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is clean but recovery has been made from the vehicle to which the petitioner was driving.

6. 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 Special Judge, Excise-I, Aurangabad, in connection with Nabinagar P.S. Case No. 343 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;

Patna High Court CR. MISC. No.70604 of 2023(2) dt.09-11-2023 3/3 (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, 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