Patna High Court - Orders
Surendra Urao @ Surendra Uraon vs The State Of Bihar on 15 June, 2023
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36589 of 2023
Arising Out of PS. Case No.-29 Year-2023 Thana- LAUKARIA District- West Champaran
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SURENDRA URAO @ SURENDRA URAON S/O LATE GAJAR URAON
R/O VIllage- Pipra Dhirauli, P.S- Laukariya, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kr Singh No. 1
For the Opposite Party/s : Mr.Sanjay Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 15-06-2023Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Laukariya P.S. Case No. 29 of 2023 registered for the offences punishable under Sections 147, 149, 332, 353, 354(B), 341, 342, 186 of the I.P.C. and Section 45 of the Bihar Prohibition and Excise Act.
As per prosecution case, there is alleged recovery of 4 litre country made chulai liquor from the shop of co- accused Ranjita Devi. It is further alleged that during raid, police personnels were assaulted by the petitioner and other accused persons and they also rescued Ranjita Devi. There is also allegation of eve teasing against the petitioner and others to the lady constable.
Patna High Court CR. MISC. No.36589 of 2023(2) dt.15-06-2023 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 05.04.2023 and bears criminal antecedent of one case of similar nature in which he is on bail. He further submits that there is no specific allegation against the petitioner rather there is vague allegation against the petitioner. He further submits that petitioner is mere member of mob. He further submits that co-accused Ramu Shah has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 34853 of 2023. He further submits that co-accused Ranjit Urao, Anil Urao and Mahendra Urao have also been granted bail by the co-ordinate Bench of this court vide Cr. Misc. No. 34611 of 2023 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, co-accused have already been granted bail by the co-ordinate 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, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties Patna High Court CR. MISC. No.36589 of 2023(2) dt.15-06-2023 3/3 of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran in connection with Laukariya P.S. Case No. 29 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.
(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/-
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