Basu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76542 of 2024 Arising Out of PS. Case No.-345 Year-2024 Thana- SHIVSAGAR District- Rohtas ====================================================== Basu Kumar Son of Ram Bachan Seth @ Ramabachan Seth Village- Karma , PS- Shivsagar , Baddi , Dist -Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the State :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-10-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Shivsagar (Baddi) P.S. Case No. 345 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, lodged on 25.07.2024 by the informant, Anil Kumar Paswan.

3. As per the prosecution story, the informant alleged that during the patrolling, secret information came and thereafter a motorcycle was intercepted and there is/are recovery of 18 liters of country made liquor. Accordingly, the seizure, arrest, F.I.R.

4. Learned counsel for the petitioner submits that the motorcycle does not belong to him nor anything recovered from his conscious possession stands implicated and has been in

Patna High Court CR. MISC. No.76542 of 2024(2) dt.24-10-2024 2/3 custody since 26.07.2024 (paragraph no.4 of the petition).

5. Learned APP for the State opposes the prayer submitting that he has been arrested after the recovery of the liquor.

6. Taking into account the aforesaid submissions as also the fact that that the vehicle does not belong to him and is in custody since 26.07.2024, this Court is inclined to extend him the privilege of bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No.-2-cum-Additional District and Sessions Judge, Rohtas at Sasaram in connection with Shivsagar (Baddi) P.S. Case No. 345 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative 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 failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.76542 of 2024(2) dt.24-10-2024 3/3 police station every fortnight for next one year to mark his attendance;

(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(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 bail bonds. (Rajiv Roy, J) vinayak/- U T