IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71287 of 2021

Arising Out of PS. Case No.-412 Year-2021 Thana- BARAUNI District- Begusarai

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Viresh Kumar @ Biresh Kumar @ Bhulla Son of Late Abhinandan Singh

Resident of Village- Harpur Gachhi Tola, P.S.- Barauni, Refinery, District-

Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Arjun Prasad, Advocate

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

3

24-06-2022

Heard learned counsel appearing on behalf of the

petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a period

of four weeks from today.

The petitioner seeks bail in connection with Barauni

P.S. Case No. 412 of 2021 registered for the offence under

Section 120B of the Indian Penal Code and Section 30(a) of

Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in

custody since 26.11.2021.

The allegation against the petitioner is to have in

possession of 301.470 liters of illicit foreign liquor, which was

recovered from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner

submitted that at the time of alleged recovery of illicit foreign

Patna High Court CR. MISC. No.71287 of 2021(3) dt.24-06-2022

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liquor, the petitioner was in custody in connection with

Begusarai Town P.S. Case No. 498 of 2021, subsequently,

petitioner named in six different criminal cases of similar nature

in which he is on bail. While concluding the argument, it has

further been submitted that chargesheet has already been

submitted in this case, as such there is no chance of tampering

with the evidence.

Learned APP appearing on behalf of the State while

opposing the prayer of bail fairly conceded that at the time of

alleged recovery of illicit liquor, the petitioner was in custody.

Considering the facts and circumstances as mentioned

above, as the the recovery has not been made from the

conscious physical possession of the petitioner coupled with the

fact that chargesheet has already been submitted in this case, let

the petitioner, above named, is directed to be released on bail

in connection with Barauni P.S. Case No. 412 of 2021 on

furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of

learned 2^nd Additional Sessions Judge-cum-Special Judge,

Excise Act, Begusarai, subject to the following conditions:

“(i) That accused/petitioner shall

not involve in the similar nature of offence

Patna High Court CR. MISC. No.71287 of 2021(3) dt.24-06-2022

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till the conclusion of trial, failing which the

State shall be at liberty to move before the

Trial Court itself for the cancellation of bail

bond of the petitioner.

(ii)

Accused/Petitioner shall

cooperate in the trial and shall be physically

present on each and every date before the

Trial Court till conclusion of the trial and

exemption from physical appearance be

allowed by the Trial Court, only on medical

ground of the petitioner, duly supported by

the documents.

(iii) That one of the bailors shall be

Priyamber Kumar, who is the cousin brother

of the petitioner and deponent of the present

bail petition.”

Ankit/-

(Chandra Shekhar Jha, J)

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