Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4804 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== KISHAN KUMAR S/o- UPENDRA BAITHA Resident of Village-Sonbarsa, Ward No.-09, P.S. Sonbarsa, Dist.- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== 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 as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with C2 Case No. 492 of 2021, registered for the offences punishable under Section 30 (A) of Bihar Prohibition and Excise Act, 2018.

The petitioner was apprehended with 192 litres of country made liquor whereas his associates Sonu, Santosh and Sunil Makra became successful in fleeing away.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedents and he is under custody

Patna High Court CR. MISC. No.4804 of 2022(2) dt.24-05-2022 2/2 since 19.10.2021.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge Excise Act, Sitamarhi in connection with C2 Case No. 492 of 2021, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) 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 petitioners 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 mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T