In bail application under Bihar Prohibition and Excise Act regarding liquor recovery case, High Court ordered release on bail after framing of charges with monetary bond and sureties.
Released on bail after framing of charges by furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37318 of 2023
Arising Out of PS. Case No.-15 Year-2022 Thana- DERNI BAZAR District- Saran
======================================================
GUDDU RAY @ GUDDU KUMAR SON OF RAMPARVESH RAY RESIDENT OF VILLAGE- PIRARI, PS- DERNI, DISTRICT- SARAN
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 15-06-2023
Learned counsel for the petitioner is permitted to
make necessary correction in para-1 and prayer portion of the petition during course of the day.
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Derni P.S. Case No. 15 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, there is alleged recovery of 100 litre country made liquor from the toilet of co-accused Ram Pravesh Rai and apprehended co-accused Ram Pravesh Rai disclosed the name of petitioner who fled away from there.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37318 of 2023(2) dt.15-06-2023 2/3
petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Petitioner is in custody since 24.12.2022 and bears criminal antecedent of one case of similar nature. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is not apprehended on the spot. Nothing has been recovered from conscious possession of the petitioner.
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, petitioner is not apprehended on the spot, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, 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 Sessions Judge II cum Exclusive Special Judge, Excise Court-1, Saran at Chapra in connection with Derni P.S. Case No. 15 of 2022, subject to following
Patna High Court CR. MISC. No.37318 of 2023(2) dt.15-06-2023 3/3
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) 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)
shahzad/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in pending trial for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Guddu Ray @ Guddu 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
