Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1718 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- KASMA District- Aurangabad ====================================================== RANDHIR KUMAR Son of Arjun Yadav Resident of Village - Nijampur, P.S.- Kasma, Distt - Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Kasma P.S. Case No. 77/2019 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the illicit liquor is said to have been recovered from the motorcycle and not from the possession of this petitioner. Learned counsel submits that the petitioner has got no criminal antecedent and he is in custody since 19.11.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the illicit liquor is said to have been recovered from the motorcycle and not from the possession

Patna High Court CR. MISC. No.1718 of 2020(2) dt.14-01-2020 2/2 of this petitioner, the petitioner has got no criminal antecedent and he is in custody since 19.11.2019, on completion of investigation, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VII - cum - Special Judge (Excise), Aurangabad, in connection with Kasma P.S. Case No. 77/2019, 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) Rajeev/- U T