Prince Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11697 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== Prince Kumar Pathak, (Male) , aged about 21 years, Son of Late Jay Kumar Pathak ,Resident of Village - Balthari, P.S.-Kuchaikote, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, adv.

For the Opposite Party/s :

Mr.Nand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Gopalpur P.S. Case No. 12 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 679.680 liters of foreign liquor from the field and petitioner was apprehended while he was fleeing away on seeing police party.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.11697 of 2019(2) dt.05-03-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. Nothing has been recovered from possession of the petitioner. The illicit liquor was recovered from the field. Petitioner has no criminal antecedent and is in custody since 25.01.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Gopalganj, in connection with Gopalpur P.S. Case No. 12 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.11697 of 2019(2) dt.05-03-2019 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T