Single Judge oral order granting bail to three petitioners accused of cheating, conspiracy, and illicit liquor offences. Court directed release on furnishing bond with conditions regarding court attendance and no tampering with evidence.
Petitioners released on bail on furnishing bond of Rs. 10,000/- each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1957 of 2022
Arising Out of PS. Case No.-437 Year-2021 Thana- KUCHAIKOTE District- Gopalganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 18-07-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 419, 420/34 of the Indian Penal Code and Sections 30(a)(b)(c)(d)/36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Recovery is of 29 litres (Spirit) and 04 litres of wine kept in the dickey of a Hero Honda motorcycle.
Patna High Court CR. MISC. No.1957 of 2022(3) dt.18-07-2022 2/3
Learned counsel for the petitioners submit that the petitioners have clean antecedents and they have been falsely implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure list the alleged recovery has been made behind an old house of the petitioner Dudhnath Prasad and some illicit liquor has been recovered from one motorcycle. He further submits that in the present case there is non compliance of Section 100 of the Cr. P.C. and it appears from the F.I.R. that nothing has been recovered from the conscious possession of the petitioners and the police after investigation submitted chargesheet against the petitioners and the petitioners are in custody since 12.10.2021.
Learned APP for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the petitioners, 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 Court below where the case is pending in connection with Kuchaikote P.S. Case No. 437 of 2021, with the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
Patna High Court CR. MISC. No.1957 of 2022(3) dt.18-07-2022 3/3
be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(4) One of the bailors shall be the closes relatives of the petitioners.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioners should be released on bail in a case involving cheating, conspiracy, and illicit liquor recovery.
Whether the alleged non-compliance with Section 100 Cr.P.C. regarding recovery from conscious possession warrants bail.
3 provisions across 3 enactments
Reshami Devi W/o Dudhnath Prasad
Dudhnath Prasad S/o Late Dwarika Prasad
Haribansh Kushwaha S/o Ramashray Kushwaha
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
