Shankar Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84055 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- Bahera District- Gaya ====================================================== Shankar Goswami Son of Raja Ram Goswami Resident of Village - Parwana, Police Station - Ghoshi, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Bahera P.S. Case No. 112 of 2024 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act , 2022 lodged on 19.10.2024 by the informant, Ranjeet Kumar.
3. As per the prosecution story, the informant alleged that the police intercepted a Swift Dzire car and there is recovery/seizure of 98.250 foreign liquor and 25 liter beer. This led to the FIR and the arrest.
4. It is the case of the petitioner that the car does not belong to him, got implicated only because he was a passenger and has criminal antecedent, is in custody in 20.10.2024.
5. Learned APP, Mr. Bharat Bhushan opposes the prayer for bail submitting that he has criminal antecedent.
Patna High Court CR. MISC. No.84055 of 2024(2) dt.10-12-2024 2/3
6. Taking into account the aforesaid facts as also that the vehicle does not belong to him and is in custody since 20.10.2024, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No. 5, Gaya in connection with Bahera P.S. Case No. 112 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/her 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 bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no 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
Patna High Court CR. MISC. No.84055 of 2024(2) dt.10-12-2024 3/3 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 his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T