Raja Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4821 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Raja Patel S/O Late Radhe Shyam Patel Village- Kotwali Chowk, Siwala Ghat, Ps. Bettiah Nagar, Dist. West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bairiya P.S. Case No. 289 of 2023 registered for the offences punishable under Section 414 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, 87.825 litre illicit liquor was recovered from motorcycle in question and co-accused Rohan Kumar was apprehended on spot. It is further submitted that co-accused Rohan Kumar disclosed the name of petitioner who succeeded in fleeing away from place of occurrence. 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. It is

Patna High Court CR. MISC. No.4821 of 2024(2) dt.06-02-2024 2/3 further submitted that petitioner is not the owner of the seized motorcycle and he has no knowledge about the illicit liquor recovered from the said motorcycle. Petitioner was not apprehended on spot and his name has surfaced in this case on account of disclosure of co-accused Rohan Kumar. Except disclosure, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner is in custody since 23.09.2023. Learned counsel orally submits that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. 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, petitioner was not apprehended on spot, 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 Special Judge, Excise-I, Bettiah, West Champaran in connection with

Patna High Court CR. MISC. No.4821 of 2024(2) dt.06-02-2024 3/3 Bairiya P.S. Case No. 289 of 2023, subject to the 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) asmit/- U T