The Single Judge of the Patna High Court granted bail to two petitioners accused of producing and consuming adulterated toddy, noting their clean antecedents and lack of recovery from their possession.
Petitioners released on bail of Rs. 10,000/- each with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47325 of 2022
Arising Out of PS. Case No.-133 Year-2022 Thana- PIYAR District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Masoom Alam For the Opposite Party/s : Mr.Sanjay Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 16-09-2022
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 petitioners and learned A.P.P. for the State in virtual court proceeding.
The petitioners seek bail in connection with Piar P.S. Case No. 133 of 2022 registered for the offences punishable under Sections 272, 273, 34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.
As per prosecution case, there is alleged recovery of 40 litre adulterated fermented toddy from the hut of coaccused Babulal Ram and petitioners alongwith others were apprehended on the spot.
Patna High Court CR. MISC. No.47325 of 2022(2) dt.16-09-2022 2/3
Learned counsel for the petitioners submits that petitioners are in custody since 23.06.2022 and bear no criminal antecedent. He further submits that nothing has been recovered from possession of the petitioners. The alleged recovery has been made from thatched hut of co-accused Babulal Ram to which petitioners have no concern. Petitioners have falsely been implicated in this case.
The learned A.P.P. for the State opposes the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 Special Judge (Excise) Court No. II, Muzaffarpur in connection with Piar P.S. Case No. 133 of 2022, 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 the affidavit in bail application.
Patna High Court CR. MISC. No.47325 of 2022(2) dt.16-09-2022 3/3
(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 tamper 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)
shahzad/-
U T
1 issue framed by the court
Whether the petitioners are entitled to be released on bail in offences related to toddy production and consumption.
Raj Kishore Sahni
Mohammad Jamir Baitha @ Zammer Baitha
The State of Bihar Bihar
Alok Kumar Pandey
As recorded by the court registry
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