Darshan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68164 of 2022 Arising Out of PS. Case No.-298 Year-2022 Thana- MAHESI District- East Champaran ====================================================== 1.
Darshan Kumar Sah S/o Thakur Sah R/o Village- Rampur Makund, P.S.- Biswambharpur, Distt- Gopalganj.
2.
Nami Kumar @ Nami Gor S/o Nagesar @ Nagesar Gor R/o villageJamsariya, P.S.- Tareya Sujan, Distt- Kushi Nagar(Uttar Pradesh). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-02-2023 Heard Ld. counsel for the petitioners and Ld. APP for the State.
The petitioners seek bail in connection with Mehsi P.S. Case No. 298 of 2022, registered for the offences punishable under Sections 30(a), 32(i), (ii), 41(i) of the Bihar Prohibition and Excise Act, 2016.
As per allegation, 1132.200 litres of foreign made liquor was recovered from a Bolero bearing Registration No. BR05GC0433.
Ld. counsel for the petitioners submits that the petitioner 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 petitioner. He further submits that petitioners had no knowledge about the contents of material loaded on the vehicle. He further submits that the petitioners have been languishing in jail since 15.10.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioners have earlier been made accused in three other cases.
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 application is allowed, directing the petitioners, above-named, 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. Exclusive Special Excise Court No.-1, Motihari, East
3/4 Champaran in connection with Mehsi P.S. Case No. 298 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 him 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 criminal antecedents other than the disclosed one, 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.
(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the Court below.
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) uttam/- U T