IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8250 of 2023

Arising Out of PS. Case No.-11 Year-2021 Thana- KALER District- Jehanabad

======================================================

Surendra @ Sukha S/o Mahendra Singh @ Mahender Singh R/o Village-

Madina, P.S.- Bau Akbarpur, Distt- Rohtak (Hariyana).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Dheeraj Kumar, Advocate

For the Opposite Party/s :

Mr. Ahmad Ali, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

ORAL ORDER

2

08-02-2023

Heard learned counsel for the petitioner and learned

APP for the State.

Petitioner seeks bail in a case registered for the

offences punishable under Section 30(a) of the Bihar Prohibition

and Excise Amendment Act, 2018.

Earlier the prayer for bail of the petitioner was

allowed by order dated 04.02.2022 passed in Cr. Misc. No. 58597

of 2021 but in view of the condition no. 3 of the order dated

04.02.2022 the petitioner was not released. Thereafter, the

petitioner filed Cr. Misc. No. 36145 of 2022 for modification of

the order dated 04.02.2022 passed in Cr. Misc. No. 58597 of 2021

but the same was dismissed vide order dated 20.07.2022.

Learned counsel for the petitioner submits that the

petitioner carries two more cases other than the present one and

Patna High Court CR. MISC. No.8250 of 2023(2) dt.08-02-2023

2/3

has been falsely implicated in the present case. He further

submits that it appears from the F.I.R. itself that nothing has been

recovered from the possession of the petitioner and recovery has

been made from the vehicle in question. He further submits that

the petitioner has no knowledge about the seized liquor and the

petitioner is in custody since 03.03.2021.

Learned APP for the State has opposed the prayer for

bail of the petitioner on the ground that the petitioner carries

two more cases other than the present one.

Considering the facts and circumstances of the case

and nothing has been recovered from the possession of the

petitioner as well as the period of custody, 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 Court below where the

case is pending in connection with Kaler P.S. Case No. 11 of 2021,

with the following conditions :-

(1) Petitioner 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 petitioner tampers with the evidence or the

witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.8250 of 2023(2) dt.08-02-2023

3/3

for cancellation of bail.

(3) And, further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at any

stage, it is found that the petitioner has concealed his criminal

antecedents, the court below shall take step for cancellation of

bail bond of the petitioner. However, the acceptance of bail bonds

in terms of the above-mentioned order shall not be delayed for

purpose of or in the name of verification.

Ibrar//-

(Rajesh Kumar Verma, J)

U

T