Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31015 of 2021 Arising Out of PS. Case No.-314 Year-2020 Thana- SONO District- Jamui ====================================================== DINESH KUMAR Son of Ramji Saw Resident of Village- Naya Bazar Gaushala Gali, Dalpatti, Ward No. 24, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/41 of Bihar Prohibition and Excise Act, 2016.

Recovery is of 375 ml Imperior Blue foreign liquor from the Scorpio vehicle.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case only on the ground that the

Patna High Court CR. MISC. No.31015 of 2021(2) dt.07-06-2022 2/3 petitioner is the owner of the vehicle in question. He further submits that in fact the petitioner was not named in the F.I.R. and his name has been transpired during investigation. In fact, the vehicle in question was taken by co-accused Binod Kumar and during the checking 375 ml foreign liquor was recovered from the vehicle and co-accused was apprehended at the spot. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Court below where the case is pending in connection with Sono P.S. Case No. 314 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.31015 of 2021(2) dt.07-06-2022 3/3

(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) Ibrar//- U T