Prasenjit Kumar @ Samu Sen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.18562 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== Prasenjit Kumar @ Samu Sen Son Of Madhu Sen Resident Of Village- Kali Mandir, Harlakundi Road, P.S. - Muffasil, District- Dumka (JHARKHAND) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey,Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Excise P.S. Case No. 98 of 2020 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he happens to be the driver of the vehicle from which total 1026 liters of illicit liquor was recovered.

Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted

Patna High Court CR. MISC. No.18562 of 2021(2) dt.29-07-2021 2/3 that the petitioner has no concern with the allegedly recovered illicit liquor. The petitioner is in custody since 26.11.2020 having no criminal antecedent.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein the petitioner is said to be the driver of the vehicle in question, the petitioner is in custody in connection with this case since 26.11.2020, he has otherwise no criminal antecedent, investigation against him is complete but the trial is not likely to take place in near future, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned II Additional Sessions Judge cum Special Judge Excise, Bhagalpur in connection with Excise P.S. Case No. 98 of 2020, subject to the conditions 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 is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the

Patna High Court CR. MISC. No.18562 of 2021(2) dt.29-07-2021 3/3 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. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.