Mukesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80536 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- CHANDI District- Nalanda ====================================================== MUKESH RAM S/O LATE BASO RAM R/O VILLAGE- NEAR MABEDKAR CLUB, GARHBAPATTI, PARASIA BIGHA, P.S. - DHANBAD, DISTRICT- DHANBAD (JHARKHAND) ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chandi P.S. Case No. 305 of 2022 registered for the offences punishable under Sections 30(a)/41(1)(2) of the Excise Act, 2018.
3. As per prosecution case, 797 litre foreign liquor was recovered from the pick-up van in question. It is alleged that the said pick-up van in question is alleged to be owned by the petitioner himself.
4. Learned counsel for the petitioner submits that petitioner surrender before the court on 22.08.2023 and since then he is in custody. He orally submits that charge sheet has
Patna High Court CR. MISC. No.80536 of 2023(2) dt.21-12-2023 2/3 been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner has already sold the vehicle in question on 02.07.2021 to Ranjan Kumar as the sale letter of the vehicle agreement has been annexed in annexure 2 of the bail petition whereas F.I.R. has been lodged on 06.08.2022. Petitioner has no concern with the alleged occurrence and bears no criminal antecedent. Petitioner is quite innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner is not apprehended on the spot.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, keeping in view clean antecedent of petitioner, 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 A.D.J.-V, -cumSpecial Judge, Excise-I, Nalanda, Biharsharif in connection with
Patna High Court CR. MISC. No.80536 of 2023(2) dt.21-12-2023 3/3 Chandi P.S. Case No. 305 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother 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) alok/- U T