Anand Mohan Kumar @ Anand Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33475 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Anand Mohan Kumar @ Anand Mohan Son of Late Ram Jatan Sah Resident of Village - Kothia, P.S.- Bangra, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar For the Opposite Party/s :

Mr.A.G.

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

03-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Patepur P.S. Case No. 42 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

585 liters of foreign liquor has been recovered near the house of co-accused Bablu Kumar and this petitioner has been apprehended on the spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made near the house of co-accused Bablu Kumar and petitioner has nothing to do with the alleged recovery. Petitioner is in custody since 26.02.2021. Chargesheet has been submitted.

Patna High Court CR. MISC. No.33475 of 2021(2) dt.03-09-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of 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 Additional Sessions Judge II cum Excise Court, Vaishali at Hajipur in connection with Patepur P.S. Case No. 42 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