Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22038 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== ARJUN KUMAR SON OF LATE AWADHESH PRASAD RESIDENT OF VILLAGE- MAHUARI, PS- MAHARAJGANJ, DISTT- SIWAN. ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Basantpur (Lakri Nawiganj O.P.) P.S. Case No. 28/2023 registered for the offences punishable under Sections 272, 273, 328, 308, 304, 120(B), 34 of the Indian Penal Code and Sections 30(a), 37(b), 33 and 34 of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, there is alleged recovery of 800 pieces of 8 PM stickers from the shop of the petitioner and other. The petitioner and other apprehended on the spot. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.22038 of 2023(2) dt.10-05-2023 2/3 case. He further submits that the petitioner is languishing in custody since 24.01.2023 and bears no criminal antecedent. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody and keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.01, Siwan in connection with Basantpur (Lakri Nawiganj O.P.) P.S. Case No. 28/2023, 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 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

Patna High Court CR. MISC. No.22038 of 2023(2) dt.10-05-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T