Surendra Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.9655 of 2020 Arising Out of PS. Case No.-143 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== SURENDRA KORA S/o Naru Kora R/o village- Bariyasan, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Piri Bazar P.S. Case No. 143 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that for the alleged recovery of illicit liquor, petitioner's son has been arrested and only because this petitioner happens to be his father no presumption

Patna High Court CR. MISC. No.9655 of 2020(2) dt.11-06-2020 2/3 may be raised of his being connected with the alleged illicit liquor. The petitioner has no criminal antecedent. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein, in connection with the seizure of the alleged illicit liquor from the hut the son of this petitioner has been arrested by the police and in the seizure list the place of recovery has been shown as the hut belonging to said Ajay Kumar, only because this petitioner happens to be his father no presumption may be raised of his being connected with the alleged illicit liquor, the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Piri Bazar P.S. Case No. 143 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II cum Special Judge (Excise), Lakhisarai, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when

Patna High Court CR. MISC. No.9655 of 2020(2) dt.11-06-2020 3/3 required;

(ii) a condition that the 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;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Arvind 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'.