Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8916 of 2022 Arising Out of PS. Case No.-414 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Arvind Kumar Son of Ram Kewal Singh R/o Village- Khakhari, P.S.- Kashichak, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Paney, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 414 of 2021 lodged under Sections 30(a) and 41 of the Bihar Prohibition of Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to the reason that his name has been figured in earlier cases. He further submits that the entire recovery of 1920.345 liters have been made from the Pacs Bhawan of village Manjaur. Learned counsel submits that nothing was recovered from his conscious possession. Learned counsel further submits that the allegation

Patna High Court CR. MISC. No.8916 of 2022(2) dt.22-06-2022 2/3 upon him that petitioner and other co-accused persons visited the Pacs Bhawan to purchase wine and this statement has come on the basis of confession only. Learned counsel further submits that charge-sheet has already been filed in this case, the petitioner is in custody since 22.10.2021. On the point of criminal antecedent, he submits that petitioner is ready to file an affidavit that in future he shall not involve in such type of cases. Learned A.P.P. opposes the prayer for bail of the petitioner.

Considering the facts of the case that charge-sheet has already been filed, petitioner is in custody since 22.10.2021 and he is ready to furnish an affidavit that in future he shall not involve in such type of cases, let the petitioner, above named, be granted bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Nawada in connection with Warsaliganj P.S. Case No. 414 of 2021.

The petitioner is directed to furnish an affidavit before the learned court below at the time of furnishing bail bond that he shall not involve in such type of activity in future. The prosecution is at liberty to file cancellation of

Patna High Court CR. MISC. No.8916 of 2022(2) dt.22-06-2022 3/3 bail, in case when it came to the knowledge that petitioner is again involved in such types of activity and violates his undertaking.

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