Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5115 of 2022 Arising Out of PS. Case No.-351 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== SHEKHAR KUMAR SON OF CHATHU BHAGAT @ CHATU MAHATO R/O - MADHUBAN DHAMAULI, P.S.- KANTI, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== 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 learned counsel for the petitioner and the learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under section 120B/34 of the Indian Penal Code and sections 30(a), 41(1)(2) of Bihar Prohibition and Excise (Amendment) Act.

When the police party conducted raid against storage and transportation of illicit liquor, he got confidential information in village Mathiya Morsandi about unloading liquor from a truck and having seen police party miscreants began to

Patna High Court CR. MISC. No.5115 of 2022(2) dt.24-05-2022 2/3 flee away. The petitioner was arrested. He disclosed his involvement in transaction of illicit liquor. 18 Liters of illicit liquor was recovered from a motorcycle and 2589 liters of liquor was recovered from a truck.

Learned counsel for the petitioner has submitted that the petitioner is person of clean antecedents and is in custody since 30.10.2021.

Considering the above mentioned facts and circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Muzaffarpur in connection with Motipur P.S. Case no. 351 of 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 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

Patna High Court CR. MISC. No.5115 of 2022(2) dt.24-05-2022 3/3 accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) s.hassan/- U T