Golden Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2127 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== GOLDEN KUMAR S/o Chunchun Singh R/o village- Pinjri, P.S.- Barbigha, Distt- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Barbigha P.S. Case No. 429 of 2022, giving rise to Excise Case No. 536 of 2022, registered for the offences punishable under Sections 30 (a), 32(II), 41(I), 52 of the Bihar Prohibition and Excise (Amendment) Act 2018.

As per allegation, having seen the police party, the accused persons, named in the FIR, fled away. 167.250 litres of liquor was recovered near a bridge.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. Nothing was recovered from his possession and has falsely been implicated in this case. He has submitted further that other co-accused

Patna High Court CR. MISC. No.2127 of 2023(2) dt.05-04-2023 2/2 persons have been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 70936 of 2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive special Excise Judge, Sheikhpura in connection with Barbigha P.S. Case No. 429 of 2022, giving rise to Excise Case No. 536 of 2022 subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T