Prem Parwat @ Prem Parbhat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82503 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== PREM PARWAT @ PREM PARBHAT S/o Late Rajendra Parwat Resident of Village- Chhap Mathiya, P.S.- Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Uchakagaon P.S. Case No. 82 of 2019 (G.R. No. 429/2019) registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code read with Section 30(a) of Bihar Prohibition & Excise Amendment Act, 2016.

Allegation is recovery of 113.310 litres of foreign liquor from a Tata Safari and two co-accused while fleeing from said vehicle were apprehended by the police who disclosed the name of petitioner and confessed that petitioner is indulged in running this illegal trade.

It has been submitted on behalf of petitioner that

Patna High Court CR. MISC. No.82503 of 2019(2) dt.12-12-2019 2/3 nothing has been recovered from the possession of petitioner and he has been falsely implicated in this case merely on the basis of statement made by apprehended accused. Petitioner has no concern with the apprehended co-accused or the seized vehicle or illicit liquor kept in the said vehicle. Petitioner is in custody since 14.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Uchakagaon P.S. Case No. 82 of 2019 (G.R. No. 429/2019) subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.82503 of 2019(2) dt.12-12-2019 3/3

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T