Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35740 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== Abhinandan Kumar S/O Khalat Yadav R/o village- Mali, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishweshwar Ram For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

14-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Beldaur P.S. Case No. 12 of 2021, registered for the offence under Section 30(F) of Bihar Prohibition and Excise Act.

80 liters of prohibited Cough Syrup with Codeine has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent and is in custody since 18.01.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of

Patna High Court CR. MISC. No.35740 of 2021(2) dt.14-09-2021 2/2 custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Special Judge, Excise, Khagaria in connection with Beldaur P.S. Case No. 12 of 2021, G.R. No. 226 of 2021, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T