Barku Besra v. The State of Bihar
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr. Praveen Kumar, Advocate Mr. Syed Ehteshamuddin, APP ORAL ORDER 2 11-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
#2. The petitioners seek bail in connection with Special Excise No. 417 of 2023 arising out of Belhar P.S. Case No. 324 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
#3. As per prosecution case, 75 litres of illicit country made liquor was recovered from three white colored boxes from the place of occurrence. Local villagers disclosed the name of the petitioners who succeeded in fleeing away from the place of occurrence.
#4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.83229 of 2023(2) dt.11-01-2024 petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioner no. 1 is in custody since 21.10.2023 and petitioner no. 2 is in custody since 09.11.2023. He further submits that petitioner no. 1 bears criminal antecedent of two cases out of which he got acquittal in one case and petitioner no. 2 bears criminal antecedent of two cases. It is further submitted that no incriminating article has been recovered from conscious possession of the petitioners. He further submits that the place from where recovery has been made is an open place which is accessible to all. Petitioners are not apprehended on the spot.
#5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
#6. Considering the facts and circumstances of the case, period of custody, petitioners are not apprehended on the 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) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II, Banka in connection with Special Excise No. 417 of 2023 arising out of Belhar P.S. Patna High Court CR. MISC. No.83229 of 2023(2) dt.11-01-2024 Case No. 324 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) Petitioners 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 petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. alok/shweta/- U T (Alok Kumar Pandey, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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