Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18055 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== ARJUN KUMAR Son of Indrasan Chaurasia @ Indrasan Bhagat @ Indraman Bhagat Resident of Village- Sadhu Chowk (Sareya, Ward No. -3), P.S. and District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-05-2020 (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner had earlier moved this Court for anticipatory bail vide Cr. Misc. No. 60268 of 2019 which was disposed of on 24.09.2019.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 414/34 of the I.P.C. read with Section 30/ 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 156 litres of Beer from the

Patna High Court CR. MISC. No.18055 of 2020(2) dt.13-05-2020 2/3 car.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no concern with the car or liquor. Nothing was recovered from possession of petitioner. Petitioner is in custody since 31.01.2020.

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/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned court below, in connection with Gopalganj Town P.S. Case No. 123 of 2019 (G.R. No. 282/2019) subject to the conditions that:-

(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.

Patna High Court CR. MISC. No.18055 of 2020(2) dt.13-05-2020 3/3

(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) veena/rajivU T