In bail appeal under Bihar Prohibition and Excise Act, High Court granted bail pending framing of charges after noting petitioner was not apprehended on spot and custody duration.
Petitioner released on bail after framing of charge by furnishing bond with two sureties satisfying trial court conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45418 of 2022
Arising Out of PS. Case No.-81 Year-2019 Thana- BALRAMPUR District- Katihar
======================================================
NAVNEET KUMAR SON OF LATE ANIL KUMAR R/O VILLAGEHARDI WARD NO. 22, AJAN TOLA, P.S.- SUPAUL, DIST.- SUPAUL
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Patla Kumari For the Opposite Party/s : Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 23-09-2022
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 in virtual court proceeding.
The petitioner seeks bail in connection with Balrampur P.S. Case No. 81 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there is alleged recovery of 186.84 litre English wine from the Scorpio vehicle in question. Two persons were apprehended on the spot and apprehended co-accused Surrendra Yadav and Vikash Kumar disclosed the name of present petitioner who fled away from the place of occurrence.
Patna High Court CR. MISC. No.45418 of 2022(3) dt.23-09-2022 2/3
Learned counsel for the petitioner submits that petitioner is in custody since 28.06.2022. Petitioner bears criminal antecedent of two cases of similar nature. He further submits that petitioner is not apprehended on the spot. Nothing has been recovered from possession of petitioner. Petitioner is quite innocent and has committed no offence and he has been falsely implicated in the case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot and 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, 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 Additional District Judge II-cumExclusive Special Judge Excise Court No.1, Katihar in connection with Balrampur (Telta O.P) P.S. Case No. 81 of 2019, 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
Patna High Court CR. MISC. No.45418 of 2022(3) dt.23-09-2022 3/3
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.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail before or after the framing of charges in the present criminal proceedings.
Navneet Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
