Patna High Court - Orders
Pradip Kumar Sharma @ Pradeep Kumar ... vs The State Of Bihar on 15 June, 2022
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4744 of 2022
Arising Out of PS. Case No.-104 Year-2021 Thana- SONPUR RAIL P.S. District- Saran
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1. PRADIP KUMAR SHARMA @ PRADEEP KUMAR SHARMA @
PRADIP KUMAT SHARMA Son of Dewnarayan Sharma Resident of
Village - Khajedih, ward No. 5, P.S. - Ladania, District - Madhubani.
2. Satish Kumar Rai Son of Rajendar Rai Resident of Village - Kumarkhag,
ward No. 3, P.S. - Ladania, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar BIhar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Kumari Shubham
For the Opposite Party/s : Mr.Navin Kumar Pandey
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 15-06-2022Let 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.
The petitioners seek bail in connection with Rail Sonepur P.S. Case No. 104 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
As per prosecution case, 42.385 litre English wine has been recovered from possession of petitioner no. 2 and 53.985 litre English wine has been recovered from possession of petitioner no. 1 near platform no. 2 of Sonepur Railway Station. Patna High Court CR. MISC. No.4744 of 2022(2) dt.15-06-2022 2/3 Learned counsel for the petitioners submits that petitioners are in custody since 30.09.2021 and bear no criminal antecedent. Petitioners are innocent and have committed no offence and they have been falsely implicated in the present case as place of recovery is public place. He further submits that alleged confessional statement made by the petitioners as recorded in the fardbeyan has no evidentiary value in terms of Section 162 of Cr.P.C. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence.
The learned A.P.P. for the State opposes the prayer for bail of the petitioners.
Considering the facts and circumstances of the case as well as period of custody and keeping in view clean antecedent of petitioners 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise Act, Saran in connection with Rail Sonepur P.S. Case No. 104 of 2021, subject to following conditions:-
(i) One of the bailor shall be either father or mother Patna High Court CR. MISC. No.4744 of 2022(2) dt.15-06-2022 3/3 or sister or brother or wife or the person who sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates 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/-
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