Suraj Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Suraj Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Special Excise Court No.03, East Champaran, Motihari, in connection with Mehasi P.S. Case No. 277/2023, subject to conditions: one bailor to be a family member; cooperation in trial and presence on all dates (absence for two consecutive dates without permission a ground for cancellation); and no tampering with evidence or witnesses, failing which the prosecution may move for cancellation of bail.

Issue for consideration

Whether the petitioner, alleged driver of the truck from which 5105.960 liters of foreign liquor was recovered, is entitled to bail in Mehasi P.S. Case No. 277/2023.

Court's answer

Considering the facts and circumstances of the case, the period of custody, the clean antecedent of the petitioner, the arguments advanced on both sides and the material on record, the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Special Excise Court No.03, East Champaran, Motihari, in connection with Mehasi P.S. Case No. 277/2023.

Ratio / Principle

Bail is subject to conditions: (i) one of the bailors shall be a family member of the petitioner; (ii) the petitioner shall cooperate in trial and remain present on all dates, absence for two consecutive dates without appropriate permission being a ground for cancellation of bail by the learned Trial Court itself; and (iii) if the petitioner tampers with evidence or witnesses, the prosecution will be at liberty to move for cancellation of bail.

Detailed headnote1 paragraphs

BAIL GRANTED — Indian Penal Code, Sections 272, 273, 420, 467, 468, 471 and Bihar Prohibition and Excise Act, 2016, Sections 30(a), 41(1) — alleged recovery of 5105.960 liters of foreign liquor from truck bearing registration no. DL-1-GE-2259 — petitioner alleged to be driver, apprehended on the spot; counsel submitted he had no conscious possession or knowledge of the liquor, was in custody since 25.08.2023, bore no criminal antecedent, and that charge sheet stood filed — Held, considering the facts and circumstances, period of custody and clean antecedent of the petitioner along with the material on record, petitioner released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Special Excise Court No.03, East Champaran, Motihari, subject to conditions (one bailor a family member; presence on all trial dates with absence for two consecutive dates without permission a ground for cancellation; no tampering with evidence or witnesses). (Paras 13-19, 21-25)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73852 of 2023

Arising Out of PS. Case No.-277 Year-2023 Thana- MEHSI District- East Champaran

======================================================

Suraj Kumar, Son Of Vinod Choudhary, Resident Of Village- Patel Nagar, P.S.- Patel Nagar, District- Karolbagh Delhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 12-02-2024

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Mehasi P.S. Case No. 277/2023 registered for the offences punishable under Sections 272, 273, 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, there was alleged recovery of 5105.960 liters foreign liquor from Truck in question having registration no. DL-1-GE-2259 and the petitioner was alleged to be driver and he was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not in any way connected with the alleged

Patna High Court CR. MISC. No.73852 of 2023(3) dt.12-02-2024 2/3

recovery and nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 25.08.2023 and bears no criminal antecedent. He further submits that the petitioner is not the owner of the alleged vehicle in question. Petitioner is merely a driver and had no knowledge regarding the alleged liquor that has been kept in the said truck. The petitioner has to follow the instruction of his owner to earn the livelihood. He further submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. Similarly situated co-accused persons have been granted bail by the coordinate Bench of this Court vide order dated 08.01.2024 in Cr. Misc. No. 82354 of 2023.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioner, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.73852 of 2023(3) dt.12-02-2024 3/3

Additional Special Excise Court No.03, East Champaran, Motihari in connection with Mehasi P.S. Case No. 277/2023, subject to following conditions:-

(i) One of the bailors shall be family member of the

petitioner.

(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.

(Sunil Dutta Mishra, J)

khushbu/-

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