Ghandhi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3725 of 2020 Arising Out of PS. Case No.-1162 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Ghandhi Kumar, Son of Lalan Thakur, Resident of Village - Basaha, Ward No. -08, P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Forbesgasnj (Simraha) P.S. Case No.1162 of 2019 corresponding to Special Case No.1672 of 2019 registered for the offence punishable under Sections 30(a)/38(i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that no illicit liquor has been recovered from the conscious possession of the petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner is neither the owner nor the driver or khalasi of the

Patna High Court CR. MISC. No.3725 of 2020(2) dt.21-01-2020 2/2 vehicle in question and has been arrested on mere suspicion and further submission that the petitioner has got no criminal antecedent and is in judicial custody since 16.12.2019, let the petitioner above named be released on bail on completion of statutory period of investigation on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Forbesganj (Simraha) P.S. Case No.1162 of 2019 corresponding to Special Case No.1672 of 2019, 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) arvind/- U T