Patna High Court - Orders
Arvind Kumar vs The State Of Bihar on 26 September, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62011 of 2023
Arising Out of PS. Case No.-287 Year-2023 Thana- KHAIRA District- Saran
======================================================
1. ARVIND KUMAR Son of Ram Ashlok Singh R/o vill - Baratpur, P.S. -
Didarganj, Distt. - Patna
2. Ram Briksha Singh @ Ram Krishna Singh @ Ram Brij Singh Son of Ram
Nandan Singh R/o vill - Baratpur, P.S. - Didarganj, Distt. - Patna
3. Kunal Kumar Son of Kusheshwar Nath Gupta Resident of Patna City
(Bhathipar), P.S. - Malsalami, Distt. - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Atul Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-09-2023Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail, who are in custody since 04.08.2023 in connection with Khaira (Nagar) P.S. Case No. 287 of 2023, F.I.R. dated 03.08.2023 for the offences punishable under Sections 30(a) and 33 of the Bihar Prohibition and Excise Act.
3. Recovery is of 2200 liters of spirit from a Bolero pick-up van of the petitioners.
4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.62011 of 2023(2) dt.26-09-2023 2/4 petitioners have clean antecedent and they have falsely been implicated in the present case. As per the allegation in the FIR 11 drum each of 200 liters was loaded in the pick up van in question and as per the allegation in the FIR that altogether 2200 liters of spirit was recovered from the vehicle in question and the petitioners were apprehended. Learned counsel for the petitioners submits that the FIR was instituted on 03.08.2023 and the report of the Excise Department dated 08.08.2023 suggests;
"The sample was analyzed. After analysis, it was found that the sample had an ethyl alcohol content of 0.0%v/v & contains other types of solvents like Butane, Hexane, Heptane etc."
5. Which suggests that the recovered contraband is not the spirit, so no case is made out under the Excise Act against these petitioners and the petitioners are in judicial custody since 04.08.2023.
6. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.
7. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on Patna High Court CR. MISC. No.62011 of 2023(2) dt.26-09-2023 3/4 furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Khaira (Nagar) P.S. Case No. 287 of 2023, subject to the following conditions:-
1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order Patna High Court CR. MISC. No.62011 of 2023(2) dt.26-09-2023 4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Adnan/-
U T