Daharu Gpoe @ Daharu Yadav @ Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87355 of 2024 Arising Out of PS. Case No.-603 Year-2020 Thana- FATUA District- Patna ====================================================== Daharu Gpoe @ Daharu Yadav @ Kamlesh Singh Son of Brind Singh @ Bind Singh R/O-Village Mominpur,P.S, Fathua, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner makes a prayer for bail in connection with Fatuha P.S. Case No.603 of 2020 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. From the perusal of the First Information Report as also the seizure list, it would appear that a total of 83 litres of country-made Mahua liquor was recovered from the hotel of one Gopji.

4. Learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner and there is no independent witness to the search and seizure. Learned counsel for the petitioner also submits that the name of the petitioner has transpired upon the disclosure made by the apprehended co-accused persons, namely Vivek Kumar and Sachidanand Kumar.

5. Learned APP for the State has opposed the

Patna High Court CR. MISC. No.87355 of 2024(3) dt.04-04-2025 2/2 application on the ground that the petitioner is an accused in two other cases of similar nature. Learned counsel for the petitioner however, submits that he is on bail in both the cases and that he is in custody in the present case since 14.11.2024.

6. Considering the period of custody and that charges have already been framed, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Special Judge Excise City, Patna, in connection with Fatuha P.S. Case No.603 of 2020, subject to the following conditions: (i) the petitioner shall co-operate in the investigation/trial.

(ii) the learned Court would, however, verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J) sharun/- U T