Sakindra Kumar @ Sakendra Kumar @ Shikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24556 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- GORAUL District- Vaishali ====================================================== Sakindra Kumar @ Sakendra Kumar @ Shikki S/o Ramekbal Rai @ Ramkeval Ray Resident of Village- Chehrakala, P.S.- Goraul (Katahara), Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad, Advocate For the Opposite Party/s :
Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Goraul (Katahara) P.S. Case No. 124 of 2025 instituted under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 14.03.2025 by the informant, Santosh Kumar.
3. As per the prosecution story, the informant alleged that upon secret information, a wheat field was raided and there is recovery/seizure of 124.625 liters of foreign liquor. The locals gave the name of the person who escaped, the petitioner being one of them. This led to the FIR.
4. Learned counsel for the petitioner submits that only
2/4 because of criminal antecedent, he has been named, the actual recovery is from an open place, he is ready to abide by the terms and conditions imposed. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.20,000/- to the District Legal Services Authority, Vaishali for the beautification of Civil Court Campus, Vaishali at Hajipur through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties, the recovery is not from his conscious possession and he is ready to abide by the terms and conditions imposed, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.20,000/- to the District Legal Services Authority, Vaishali at Hajipur for the beautification of Civil Court Campus, Vaishali at Hajipur through Demand Draft issued by the local branch of the State Bank of India.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
3/4 the like amount each in connection with Goraul (Katahara) P.S. Case No. 124 of 2025 to the satisfaction of learned Exclusive Special Excise Court No.I cum Additional District & Sessions Judge, Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Vaishali at Hajipur for his perusal and needful.
(Rajiv Roy, J) Ravi/- U T