In cases involving offenses under the Bihar Prohibition and Excise Amendment Act, 2018, bail may be granted considering factors such as period of custody, submission of charge sheet, and absence of likelihood of tampering with evidence.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62204 of 2022

Arising Out of PS. Case No.-258 Year-2022 Thana- GAYA RAIL P.S. District- Gaya

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1.

ANITA DEVI Wife of Late Vijay Manjhi R/o Village - Shila, P.S.- Fatehpur,

District - Gaya.

2.

Saroj Devi Wife of Dular Manjhi R/o Village - Shila, P.S.- Fatehpur, District

- Gaya.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Ajay Kumar Sinha

For the Opposite Party/s :

Mr.Suman Kumari Singh

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

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL ORDER

2

04-01-2023

Learned counsel for the petitioner is permitted to

make necessary correction in Para 14 of the petition.

Heard learned counsel for the petitioners and

learned A.P.P. for the State.

The petitioners seek bail in connection with Rail

Gaya P.S. Case No. 258 of 2022 registered for the offences

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

Excise Amendment Act, 2018.

As per prosecution case, there is alleged recovery

of 70 litre country made Mahua liquor from petitioner no. 1, 70

litre country made Mahua liquor from petitioner no. 2 and 20

litre country made Mahua liquor from co-accused Kalamati

Patna High Court CR. MISC. No.62204 of 2022(2) dt.04-01-2023

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Devi. Petitioners are apprehended on the spot.

Learned counsel for the petitioners submits that

petitioners are in custody since 14.06.2022. Petitioners bear

criminal antecedent of one case which is not similar to the

present case. Charge sheet has been submitted in the case and

there is no likelihood of tampering with the prosecution

evidence. He further submits that nothing incriminating article

has been recovered from conscious possession of the petitioners.

Seizure list has not been made as per the law and there is no

independent witnesses of the seizure list.

The learned A.P.P. for the State vehemently

opposes the prayer for bail of the petitioners.

Considering the facts and circumstances of the

case, period of custody, charge sheet has been submitted in the

case and there is no likelihood of tampering with the

prosecution evidence, argument advanced on behalf of both

sides and also taking into consideration the material available

on record, let the petitioners above named be released on bail,

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

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

of learned Exclusive Special Excise Court No. 2, Gaya in

connection with Rail Gaya P.S. Case No. 258 of 2022, subject to

Patna High Court CR. MISC. No.62204 of 2022(2) dt.04-01-2023

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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) Petitioners 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 petitioners tamper with the evidence or

the witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

alok/-

(Alok Kumar Pandey, J)

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