IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2161 of 2025 Arising Out of PS. Case No.-234 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Babu Lal @ Babulal Virar S/O Kesa Ram R/O Vill.- Beradon Ki Dhani Sarli Kalan, Badmer, P.S.- Sadar Badmer, Dist.- Badmer, Rajasthan. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in connection with Pipra P.S. Case No. 234 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a)(b), 32(ii)(iii), 36, 41(i)(ii) of the Bihar Prohibition and Excise Act-2016. 3. As per prosecution case, 9270 litre foreign liquor along with mobile and 135 sacks of khalli was recovered from the truck in question. Co-accused, namely, Kishanlal and Gunesh Ram were apprehended on the spot. 4. Learned counsel for the petitioner submits that petitioner is not named in FIR. He further submits that during the course of investigation, the name of the petitioner has been Patna High Court CR. MISC. No.2161 of 2025(2) dt.24-01-2025 2/3 surfaced in this case as the owner of the truck in question, as mentioned in Para 7 of the bail petition. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 15.11.2024, as mentioned in impugned order. He bears criminal antecedent of one case in which he is on bail. Petitioner is quite innocent and has committed no offence as alleged against him in FIR. He further submits that co-accused Ganesh Ram @ Gunesh Ram has already been granted bail by this Court vide Cr. Misc. No. 72401 of 2023 and the case of present petitioner stands more or less on similar footing. 5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner. 6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, argument advanced on behalf of both sides 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 Exclusive Special Excise Court No.-3, East Champaran, Motihari in connection with Pipra P.S. Case No. 234 of 2023, subject to Patna High Court CR. MISC. No.2161 of 2025(2) dt.24-01-2025 3/3 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. alok/- (Alok Kumar Pandey, J) U T