Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34005 of 2021 Arising Out of PS. Case No.-170 Year-2021 Thana- FATUA District- Patna ====================================================== ATUL KUMAR Son of Late Madan Das Resident of Village- Maksudanpur, P.S.- Fatuha, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar, Advcate For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Fatuha P.S. Case No. 170 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. According to prosecution case, having got secret information the informant along with other police officials raided the house of one Ram Dayal and 72.375 litres of illicit foreign liquor and 35 litres of Mahua liquor were recovered. It is further alleged that two persons fled away and petitioner was arrested at the spot.

Patna High Court CR. MISC. No.34005 of 2021(2) dt.30-11-2021 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Learned counsel further submits that no incriminating article has been recovered from conscious possession of the petitioner rather the alleged recovery has been made from joint house of the petitioner. Petitioner is in custody since 01.03.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released 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 Special Judge (Excise), Patna in connection with Fatuha P.S. Case No. 170 of 2021, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.34005 of 2021(2) dt.30-11-2021 3/3

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T