Tribhuwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4829 of 2022 Arising Out of PS. Case No.-220 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== TRIBHUWAN KUMAR S/o Ganesh Paswan R/o village- Susta, P.S.- Sadar, Muzaffarpur, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Bhagwanpur P.S.Case No. 220 of 2021.

The police got a secret information that some persons were selling illicit liquor. The police raided the spot from where

Patna High Court CR. MISC. No.4829 of 2022(2) dt.24-05-2022 2/3 three persons namely, Uday Kumar, Shashikant Kumar and Sudhir Kumar were apprehended. Co-accused Uday Kumar disclosed the name of the present petitioner, who fled away from the scene of occurrence. Total 50.55 litres of liquor was recovered from two bikes and one car.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedents and his name has figured in the confessional statement of co-accused Uday Kumar. He is in custody since 06.10.2021.

Considering the above facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur, in connection with Bhagwanpur P.S.Case No. 220of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in

Patna High Court CR. MISC. No.4829 of 2022(2) dt.24-05-2022 3/3 future in the similar type of offence. If it is found so, 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 petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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