Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5020 of 2023 Arising Out of PS. Case No.-632 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Indrajeet Kumar Son of Sunil Kumar, Resident of Village- Rebra @ Rewara, P.S.- Kashichak, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijendra Kumar, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise P.S. Case No. 632 C2/2022, lodged under Sections 37(1) of the Bihar Prohibition & Excise Amendment Act, 2022. As per prosecution case, the petitioner was found in a drunken state upon verification from breath analyzer. Learned counsel for the petitioner submits that petitioner is in custody since 17.12.2022. He further submits that there is one criminal case pending against him of similar type, in which, he is on bail.

Patna High Court CR. MISC. No.5020 of 2023(2) dt.04-03-2023 2/3 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V-cum-Exclusive Special Court-2, Excise Act, Lakhisarai in connection with Excise P.S. Case No. 632 C2/2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.5020 of 2023(2) dt.04-03-2023 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T