PATNA, India, April 13 -- Patna High Court issued the following order on March 10:
1. Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 465 of 2023, instituted for the offences under Sections 304, 328, 201/34 of the Indian Penal Code and u/s 33, 34, 37 and 41 of the Bihar Prohibition and Excise (Amendment) Act.
3. Prosecution case, in short, is that several persons died due to consumption of poisonous liquor.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that in course of investigation the name of the petitioner surfaced in this case stating that petitioner has distributed the alleged liquor in the area. He further submitted that after investigation the I.O of this case has submitted Charge-sheet u/s 302, 307, 120(B) of the I.P.C. and 33,34,37 and 41 and Section 32 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. The informant is not the eye-witness of the occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.09.2025 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya (Raghunathpur) P.S. Case No. 465 of 2023, subject to the following conditions:
(I) One of the bailors shall be the petitioner's own or close member.
(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit offence of a similar nature in future.
(V) The Petitioner shall not leave the territorial jurisdiction of the learned court below without prior permission of the court concerned.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
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