Kallu Rai @ Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1445 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Kallu Rai @ Shambhu Rai Son of Vinda Rai R/V- Bariyarpur P.S- Sitamarhi Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 30.04.2022 in connection with Sitamarhi P.S. Case No. 181 of 2022, F.I.R. dated 12.03.2022 for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act. Recovery is of 213 liters of illicit liquor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case mainly on the basis of secret information received from the local spy and chowkidar. He further submits that it appears from the F.I.R.

Patna High Court CR. MISC. No.1445 of 2023(2) dt.24-04-2023 2/3 as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from outside the village. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 30.04.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court II, Sitamarhi in connection with Sitamarhi P.S. Case No. 181 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.1445 of 2023(2) dt.24-04-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T