Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23825 of 2021 Arising Out of PS. Case No.-600 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== SATISH KUMAR Son of Late Inder Singh R/o Jisrana, P.S.- Guana, Distt.- Sonipat (Haryana).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 26-04-2021 The defect(s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after the High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 467, 120B of the I.P.C. and Sections 30(a), 36, 41(1) of the Bihar Prohibition & Excise Act. Informant in his written report stated that on 05.11.2020 at about 3:20 A.M. he received secret information that huge consignment of illicit liquor is about to come near the shop of Nanhu Mian at FCI road and having got the said information when he reached the place of occurrence, he saw 8-10 persons standing near the shop of Nanku Mian who on seeing the police

Patna High Court CR. MISC. No.23825 of 2021(2) dt.26-04-2021 2/3 party started fleeing away and after chase four persons were arrested who disclosed their name as Atif Suleman, Kunal Kumar @ Sonu, Rishav Raj and Satish Kumar (petitioner). It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner was not arrested from any vehicle. Petitioner has no concern with the seized liquor. Charge sheet has already been submitted in this case. Petitioner has no criminal antecedent and he is in custody since 06.11.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Special Case No. 6497 of 2020 arising out of Phulwari P.S. Case No. 600 of 2020, with following 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 properly 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

Patna High Court CR. MISC. No.23825 of 2021(2) dt.26-04-2021 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail, the trial court shall take steps to cancel his bail bond.

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