Bhogendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74810 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- Excise P.S. District- Sitamarhi ====================================================== Bhogendra Das S/O Late Moti Das R/O Village- Budhnagar, Ward No.-7, P.SNanpur (O.P. Bokhara), Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Pupri Excise P.S. Case No.31 of 2023, lodged on 23.07.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, FIR has been lodged against the sole petitioner. The petitioner is the main accused in this case and the subject matter of recovery in the present case is 652.080 liters of foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 24.07.2023 and is accused in two more criminal cases, in which he is on bail. Counsel submits

Patna High Court CR. MISC. No.74810 of 2023(2) dt.29-11-2023 2/3 that charge sheet has already been filed and the said recovery was not made from his conscious possession.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and recovery has been made from the conscious possession of the petitioner.

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 Exclusive Special Excise Court No.II, Sitamarhi, in connection with Pupri Excise P.S. Case No.31 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.74810 of 2023(2) dt.29-11-2023 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