Raushan Kumar @ Kaliya @ Kariya v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Anuj Kumar Mr.Dr. Kumar Uday Pratap ORAL ORDER 2 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 165/2022 registered for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code and sections 30(a), 36, 41(i) of Bihar Prohibition and Excise Amendment Act, 2018. As per prosecution case, 4465.440 litre country made foreign liquor, hidden under plastic was recovered from truck in question. Two persons, namely Sanjeev Kumar(co- accused) and Rakesh Kumar(co-accused) apprehended on spot who disclosed the name of petitioner and others who fled away from place of occurrence.

It is alleged that petitioner and others Patna High Court CR. MISC. No.79066 of 2023(2) dt.08-12-2023 were involved in business of illicit liquor as suppliers. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. It is further submitted that petitioner is not owner of truck in question and he has not knowledge about the alleged recovery. No incriminating article has been recovered from conscious possession of the petitioner. On account of inimical terms with the co-accused persons, petitioner has been falsely implicated in this case. Except disclosure of the co-accused persons, there is nothing on record to connect the present petitioner with the alleged recovery. Petitioner bears criminal antecedent of four cases. Learned counsel has orally submitted that petitioner is on bail in all the cases. Petitioner is in custody since 04.10.2023.

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, petitioner is 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 Patna High Court CR. MISC. No.79066 of 2023(2) dt.08-12-2023 amount each to the satisfaction of learned Exclusive Special Excise court no. 1- cum- Additional District and Sessions Judge, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 165/2022 , 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. asmit/- U T (Alok Kumar Pandey, J)