Saroj Rai @ Saroj Mukhiya vs The State Of Bihar
2021 Latest Caselaw 1232 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.40588 of 2020
   Arising Out of PS Case No.-280 Year-2020 Thana- DHAKA District- East Champaran
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Saroj Rai @ Saroj Mukhiya, age about 56 years, Male Son of Sambhu Rai, Resident of Village- Narkatiya Barharwa Siwan, PS- Dhaka, District- East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Ranjana Srivastava, Advocate For the State : Ms. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-03-2021

The matter has been heard via video conferencing.

2. Heard Ms. Ranjana Srivastava, learned counsel for

the petitioner and Ms. Veena Rani Prasad, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Dhaka PS Case No. 280 of 2020 dated 29.07.2020, instituted

under Section 280 of the Indian Penal Code and 30(a) of the Bihar

Prohibition and Excise Act, 2016.

4. The allegation against the petitioner is that he was

one of the persons who ran away when police came to the house Patna High Court CR. MISC. No.40588 of 2020 dt.03-03-2021

of co-accused Umesh Mukhiya and arrested him and seized 364

bottles of nepali countrymade wine totalling 109.200 litres.

5. Learned counsel for the petitioner submitted that he is

a young man and innocent and because there is inimical terms

with the arrested person, he has been named. It was submitted that

no recovery has been made from the house of the petitioner and

further that he has no criminal antecedent.

6. Learned APP submitted that the arrested person has

named the petitioner as being one of the persons who had fled

away from the scene.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned 7th ADJ, Motihari, East Champaran in Dhaka PS Case No.

280 of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one

of the bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also Patna High Court CR. MISC. No.40588 of 2020 dt.03-03-2021

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T