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2022 DIGILAW 654 (PAT)

Ghanshyam Kushwaha v. State of Bihar

2022-08-01

ALOK KUMAR PANDEY

body2022
ORDER Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. 2. Heard learned counsel for the petitioner and learned A.P.P. for the State. 3. The petitioner seeks bail in connection with Kursela P.S. Case No. 19 of 2022, G.R. No. 493 of 2022 registered for the offences punishable under Sections 467, 463, 471, 120(B), 420 of the Indian Penal Code read with Section 30(a), 36, 41(1) of the Bihar Prohibition and Excise Amendment Act. 4. As per prosecution case, there is alleged recovery of 6444 litres foreign liquor from the truck in question. The petitioner is alleged to be the driver-cum-owner of the said truck. The petitioner is apprehended on spot with other coaccused. 5. Learned counsel for the petitioner submits that petitioner is in custody since 04.02.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner has not concerned with the alleged recovery of illicit wine. The petitioner was unaware of loading illicit liquor hiding below the bamboo and it is the co-accused and supplier of bamboo who have conspired and loaded alleged illegal wine in the truck. 6. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. 7. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail 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 District and Sessions Judge- IV-cum-Special Judge (Excise) Court No. – 2, Katihar, District Katihar in connection with Kursela P.S. Case No. 19 of 2022, G.R. No. 493 of 2022, 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.