Deepu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24118 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- BIHTA District- Patna ====================================================== DEEPU KUMAR, Son of Rana Pratap Sharma @ Rana Singh Resident of Village - Babhan Lai, P.S.- Bihta, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-11-2021 Heard Sri Ravindra Kumar, learned counsel for the petitioner and Sri Manoj Kumar, learned A.P.P. for the State through video conferencing.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Bihta P.S. Case No. 12 of 2021, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended up to date.
Learned counsel appearing on behalf of the petitioner submits that other co-accused has already been released on bail. He further submits that petitioner is in custody since 05.01.2021. He further submits that only 18 litres of illicit liquor have been recovered from the possession of the petitioner and as such he may also be released on bail.
Patna High Court CR. MISC. No.24118 of 2021(2) dt.26-11-2021 2/3 Learned A.P.P. for the State, however, opposes the prayer for grant of bail to the petitioner.
Having considered the facts and circumstances of the case and the prayer made by the learned counsel appearing on behalf of petitioner, let the petitioner be released on bail subject to furnishing of personal bond of Rs. 1,50,000/- (Rs. One Lakh Fifty thousand) by the petitioner and on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Bitha P.S. Case No. 12 of 2021 subject to the following conditions:- (I) That one of the bailors of the petitioner shall be his close relative. Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(II) That the petitioner shall not indulge in any similar offence till conclusion of the trial. 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 bonds. (III) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the
Patna High Court CR. MISC. No.24118 of 2021(2) dt.26-11-2021 3/3 State shall be at liberty to move for cancellation of bail. (IV) If the petitioner tampers with the evidence or the witnesses of the case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Purnendu Singh, J) manish/- U T