Kriti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1663 of 2020 Arising Out of PS. Case No.-1076 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Kriti Kumar Son of Dilip Paswan @ Dilip Ram Resident of Muhalla - Pakari Village Gas Agency Road, P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Ara Nawada P.S. Case No. 1076 of 2019 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that in the FIR it is alleged that the recovery of illicit liquor has been made from the house of this petitioner but the seizure list shows that it was recovered from Pakari Gaon Gas Agency Road, Ara. It is further submitted that the petitioner is in custody since 16.12.2019 having no criminal antecedent.

Learned APP has opposed the prayer of bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that

Patna High Court CR. MISC. No.1663 of 2020(2) dt.14-01-2020 2/2 although the informant alleges in the FIR that recovery of illicit liquor has been made from the house of this petitioner but the seizure list shows the recovery from Pakri Gaon Gas Agency Road, Ara and not from the house of this petitioner and also that the petitioner has no criminal antecedent, let the petitioner above named be released on bail after completion of investigation in connection with Excise Case No. 2544 of 2019 arising out of Ara Nawada P.S. Case No. 1076 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 Additional Sessions Judge IV-cum-special Judge, Excise, Bhojpur at Ara, 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