Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4203 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- PARASI District- Jehanabad ====================================================== AMRENDRA KUMAR SON OF SATYENDRA SINGH RESIDENT OF VILLAGE - RAMPUR KONI, P.S. - MEHANDIA, DISTRICT - ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Parasi P.S. Case No. 83/2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, 210 litre Mahua Wine was recovered from Sone Diara Area of village Masadpur and petitioner was apprehended on spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Basically no incriminating article has been recovered from conscious possession of the petitioner. It is further submitted

Patna High Court CR. MISC. No.4203 of 2024(2) dt.01-02-2024 2/3 that on the date of occurrence, petitioner was merely going to meet his relatives and he was apprehended on spot on basis of suspicion. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Seizure list has not been made as per law. Petitioner is in custody since 06.10.2023. Learned counsel orally submits that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears criminal antecedent of one case in which he is on bail.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, 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 Judge-11, Jehanabad in connection with Parasi P.S. Case No. 83/2023, subject to the following conditions:-

Patna High Court CR. MISC. No.4203 of 2024(2) dt.01-02-2024 3/3 (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 Kumar Pandey, J) asmit/- U T