Purshuttam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.21078 of 2021 Arising Out of PS. Case No.-330 Year-2020 Thana- BAUSI District- Purnia ====================================================== PURSHUTTAM KUMAR S/O PRIYADARSHI CHITRANJAN @ SHREE CHITRANJAN PRASAD YADAV, R/o village- Araria, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :
Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Baisi P.S. Case No. 330 of 2020 registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/41/47 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner submits that as per the prosecution story the informant while on vehicle checking duty stopped a person on motorcycle who tried to escape away
Patna High Court CR. MISC. No.21078 of 2021(2) dt.16-08-2021 2/3 but was apprehended eventually and from the said motorcycle forty two litres spirit was recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is in custody since 20.12.2020 having no criminal antecedent.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the petitioner has got no criminal antecedent, he has remained in custody since 20.12.2020, investigation against him is complete but the trial is not likely to take place in near future, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Purnia in connection with Baisi P.S. Case No. 330 of 2020 corresponding to Special Excise Case No. 605 of 2020 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,
Patna High Court CR. MISC. No.21078 of 2021(2) dt.16-08-2021 3/3 (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.
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. (Rajeev Ranjan Prasad, J) Rishi/- 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'.