Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81839 of 2023 Arising Out of PS. Case No.-370 Year-2023 Thana- KORHA District- Katihar ====================================================== RUPESH KUMAR SON OF SIKANDAR MUKHIYA @ SIKENDRA MUKHIYA RESIDENT OF VILLAGE - MAHINATHPUR, WARD NO.05, P.S. - KORHA, DISTRICT - KATIHAR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Korha P.S. Case No. 370 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act ,2018.
3. As per prosecution case, there was alleged recovery of total 17.94 litre foreign liquor from the house of the petitioner and from the motorcycle which was parked in the courtyard of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is in custody since 29.09.2023 and bears no criminal antecedent. Learned counsel orally submits that charge sheet has
Patna High Court CR. MISC. No.81839 of 2023(2) dt.04-01-2024 2/3 been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. Basically, nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner is not the owner of the motorcycle in question. He further submits that place of recovery is joint house and petitioner has no concern with the alleged recovery. He further submits that there is no compliance of Section 100 of Cr.P.C.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the 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 Addl. Distt. & Sessions Judge-cum-Exclusive (Excise) Judge, Court No.2, Katihar in connection with Korha P.S. Case No. 370 of 2023 , subject to following conditions:- (i) One of the bailors shall be either father or
Patna High Court CR. MISC. No.81839 of 2023(2) dt.04-01-2024 3/3 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) vashudha/- U T