Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23936 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== PINTU KUMAR, aged about 32 years, Male, Son of Birju Yadav Resident of Village-Bodhachak, P.S-Parsa Bazar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Parsa Bazar P.S.Case No.66 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition Excise Act, 2016. The prosecution case as lodged by the police personnel is that on secret information that illicit liquor is concealed in a hut near the railway track, the police conducted a raid and seized 18 liters of Mahua wine from the said hut. The local people stated that the said illicit liquor belonged to the petitioner. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.23936 of 2019(2) dt.16-04-2019 2/3 petitioner that he is innocent, was not apprehended from the place of occurrence and his name was dropped by the local people and because the petitioner is involved in two more cases of similar nature. He submits that the petitioner has been made accused only on suspicion and is languishing in judicial custody since 11.03.2019.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and two more cases of similar nature are pending against him.

Considering the nature of allegations and materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Parsa Bazar P.S.Case No.66 of 2019 to the satisfaction of learned Special Judge Excise, Patna, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the

Patna High Court CR. MISC. No.23936 of 2019(2) dt.16-04-2019 3/3 learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T