Petitioner sought bail for offences under IPC and Bihar Prohibition and Excise Act. Court granted bail on ₹10,000 with two sureties and conditions regarding attendance and tampering with evidence.
Petitioner released on bail with ₹10,000 bond and two sureties; conditions for attendance and no tampering.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22689 of 2023
Arising Out of PS. Case No.-28 Year-2023 Thana- BASANTPUR District- Siwan
======================================================
BASANT RAUT @ BASANT RAWAT @ VASNAT RAWAT S/o- GHURAN RAWAT Village- Bala Ps- Basantpur Lakdi Naviganj dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mr.Rana Randhir Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 14-06-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Basantpur (Lakri Nawiganj OP) P.S. Case No. 28 of 2023 registered for the offences punishable under Sections 272, 273, 328, 308, 304, 120 (B), 34 of the I.P.C. and Sections 30(a), 37 (b), 33, 34 of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, there is alleged recovery of one litre illicit liquor was recovered from the house of the petitioner and he is apprehended on the spot.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is in custody since 24.01.2023 and bears no criminal antecedent. No
Patna High Court CR. MISC. No.22689 of 2023(2) dt.14-06-2023 2/3
incriminating article has been recovered from the conscious possession of the petitioner. He further submits that co-accused Deepak Kumar @ Sonu Kumar has already been granted bail vide Cr. Misc. No. 23846 of 2023 by the co-ordinate Bench of this Court and the case of present petitioner stands on similar footing.
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, keeping in view clean antecedent of petitioner, co-accused has already been granted bail by the coordinate Bench of this Court, 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 amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Siwan in connection with Basantpur (Lakri Nawiganj OP) P.S. Case No. 28 of 2023, 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.22689 of 2023(2) dt.14-06-2023 3/3
(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
2 provisions across 2 enactments
Basant Raut @ Basant Rawat @ Vasnat Rawat
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
