Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83704 of 2023 Arising Out of PS. Case No.-1717 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== PRINCE KUMAR SON OF DEEPAK CHAUDHARY R/O VILLAGEKAMRANGANJ, P.S.- DEHRI, DIST.- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Gaya P.S. Case No. 1717/2023 registered for the offences punishable under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case,108 litre foreign liquor was recovered from Tata Indica Car in question and petitioner along with other co-accused persons were apprehended on spot. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is neither owner nor driver of the vehicle in question. Petitioner is merely a passenger of the said car. It is further

Patna High Court CR. MISC. No.83704 of 2023(2) dt.12-01-2024 2/3 submitted that seizure list has not been made as per law. Basically no incriminating article has been recovered from conscious possession of the petitioner. On similar and identical allegation, co-accused Chandan Kumar has already been granted bail by co-ordinate bench of this Court vide Cr. Misc. No. 80593 of 2023 and on the principle of parity, petitioner also deserves bail. Petitioner is in custody since 29.09.2023. Petitioner bears no criminal antecedent.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, co-accused has already been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No. 3, Gaya in connection with Excise Gaya P.S. Case No. 1717/2023, subject to the following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.83704 of 2023(2) dt.12-01-2024 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) asmit/- U T