Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3761 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== AMIT KUMAR Son of Shrawan Prasad Resident of Mohalla-Shivcharan Lane, Manpur, P.S.-Buniyadganj, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Tankuppa P.S. Case No. 123 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act. Learned counsel for the petitioner submits that the petitioner is in custody since 08.12.2019 for the recovery of illicit mahua liquor from the roadside not from the house of this petitioner and the petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein the Mahua liquor is said to have been recovered from the roadside and not from the house of this petitioner and further that the petitioner has got no criminal antecedent and is in custody since

Patna High Court CR. MISC. No.3761 of 2020(2) dt.21-01-2020 2/2 08.12.2019, let the petitioner above named be released on bail on completiion of statutory period of investigation in connection with Tankuppa P.S. Case No. 123 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) avin/- U T