Bhuar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69010 of 2022 Arising Out of PS. Case No.-294 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== Bhuar Tiwari Son Of Jai Ram Tiwari Resident Of Village- Barisawan, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hari Shankar Roy For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 406.080 liters of country made liquor is said to have been recovered from the field. He submits that the similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 30.10.2018 passed in Cr. Misc. No. 49698 of 2018. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Patna High Court CR. MISC. No.69010 of 2022(2) dt.12-01-2023 2/3 Petitioner is agreed to deposit a sum of Rs. 25,000/- (Rupees Twenty Five Thousand) in the PM Cares Fund, bearing Account No. 2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.
Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihiyan (Bahoranpur O.P.) P.S. Case No. 294 of 2017, subject to the condition as laid down under Section 438
(2) of the Cr.P.C., with further conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in
Patna High Court CR. MISC. No.69010 of 2022(2) dt.12-01-2023 3/3 any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of PM Cares Fund.
(Anjani Kumar Sharan, J) devendra/- U T