Manjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21522 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- JADOPUR District- Gopalganj ====================================================== MANJIT KUMAR Son of Gajendra Yadav Resident of VillageMahmmadpur, P.S.- Panapur, District- Saran (Chapra) ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with arising out of Jadopur P.S. Case No. 16 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, there is alleged recovery of 86.4 litres foreign liquor from the car in question and petitioner is the driver of the car and he was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is in custody since 05.02.2022 and bears no criminal

Patna High Court CR. MISC. No.21522 of 2022(2) dt.22-07-2022 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further nothing incriminating has been recovered from the possession of the petitioner. Section 100 of Cr.P.C. has not been complied in the present case. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II cum Special Judge Excise, Gopalganj in connection with Jadopur P.S. Case No. 16 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.21522 of 2022(2) dt.22-07-2022 3/3 remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) minu/- U