Begusarai v. THE STATE OF BIHAR

====================================================== Appearance : Mr.Shubhesh Pandey For the Petitioner/s : Mr.Lalan Kumar For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Cheriyabariyarpur P.S. Case No. 43/2022 registered for the offences punishable under Sections 188, 290 of the Indian Penal Code and Sections 30(a)/30(c)/30(d) of the Bihar Prohibition and Excise Act, 2018. As per prosecution case, there is alleged recovery of total 65 liters country made wine from the place of occurrence. On secret information, the name of petitioner surfaced in this case. Patna High Court CR. MISC. No.40480 of 2022(2) dt.24-08-2022 Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous antecedent. The petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that as per FIR, the alleged recovery of 50 liters of wine was from the field of co-accused, Dashrath Mahto and another recovery of 15 liters of wine was found from the semi constructed house of co-accused, Manoj Sahni and the petitioner has no relation with the aforesaid accused persons. The petitioner is languishing in custody since

07.05.2022 and bears criminal antecedent of 02 cases of similar nature in which he is on bail. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot, also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge 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 Excise Judge-1, Patna High Court CR. MISC. No.40480 of 2022(2) dt.24-08-2022 Begusarai, Cheriyabariyarpur (Manjhaul) in connection with Cheriyabariyarpur P.S. Case No. 43/2022, subject to 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. amitkumar/- U T (Alok Kumar Pandey, J)