Kuldeep Sharma v. The State Of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr. Mukesh Kumar Jha, Adv. Mr. Parmanand Prasad, APP ORAL ORDER 2 26-11-2022 Let the defect(s), if any, be removed within two weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode. The petitioner seeks regular bail in connection with Gaighat P.S. Case No. 224 of 2021 lodged under Sections 272, 273/34 of the I.P.C. read with Sections 30(a), 36, 41(i) of Bihar Prohibition and Excise Amendment Act, 2016-2018. As per the prosecution case, the total recovery of

3052.800 litre wine is the subject matter of the recovery as per the F.I.R. but the total 6029 litre wine has been shown in the order sheet. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.55064 of 2022(2) dt.26-11-2022 petitioner is innocent and has committed no offence. Learned counsel submits that from the F.I.R., only 3052.800 litre wine is the only recovery recalled whereas 6029 litre wine is typographical mistake. Learned counsel submits that the alleged recovery was made from a truck and car and petitioner is neither driver nor owner of the car. He submits that actually there were 5 persons arrested who disclosed the name of the present petitioner. Learned counsel further submits that there are 4 criminal case pending against him in which he is on bail in one case and in rest of the cases, he is persuading for bail. Learned counsel submits that petitioner is in custody since 08.07.2022 and charge sheet has already been filed in this case.

Learned counsel further submits that there is gross violation in preparation of the Seizure list under Section 100 of Cr.P.C. Learned counsel further submits that the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court which is Annexure-2 series. Learned counsel for the State opposes the prayer for bail. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur in connection with Gaighat P.S. Case No. 224 of Patna High Court CR. MISC. No.55064 of 2022(2) dt.26-11-2022 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner. C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond. allowed. With this observation, the bail application stands prakashmani/- U T (Dr. Anshuman, J.)