Indrajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10504 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- PARIHAR District- Sitamarhi ====================================================== Indrajit Kumar Son of Sitaram Raut Resident of Village - Mahuawa Ghat, P.S.- Bathnaha, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Parihar P.S. Case No. 17 of 2020, registered for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and section 30(a)(c), of the Bihar Prohibition and Excise Act, 2018. It is alleged that this petitioner along with Santosh Kumar was coming from a motorcycle and on search, 36 litres of Nepali Saufi wine is alleged to have been recovered from a bag kept on that motorcycle.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner has no concern with the seized liquor. Petitioner is not the owner of the said motorcycle. Petitioner is in custody

Patna High Court CR. MISC. No.10504 of 2020(4) dt.29-05-2020 2/2 since 22.01.2020 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge Excise Act, Sitamarhi in connection with Parihar P.S. Case No. 17 of 2020, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T