Amit Kumar @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2293 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== AMIT KUMAR @ LALA Son of Shatrughan Singh @ Jhagaru Singh, Resident of Village- Ambara Tez Singh, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

Smt. Divya Bharti, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. In this case, the petitioner is seeking regular bail in connection with Saraiya P.S. Case No. 223 of 2021 registered for offence punishable under sections 272, 273/34 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, 1387 litres of liquor was recovered from a truck. Soon thereafter, a Maruti Car came there and 60.750 litres of liquor was also recovered from that Maruti car.

Patna High Court CR. MISC. No.2293 of 2022(2) dt.23-05-2022 2/3 Two accused persons, namely, Sharwan Kumar and Shiv Kumar were arrested, who were present in that Maruti car and they disclosed the name of the present petitioner. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 26.10.2021.

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 Special Judge Excise, Muzaffarpur in connection with Saraiya P.S. Case No.223 of 2021, 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.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.2293 of 2022(2) dt.23-05-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T