Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26644 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== MINTU KUMAR S/o Raj Kishore Singh Resident of Village-Nanu Bihga, P.S.-Haspura, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Haspura P.S. Case No. 82 of 2020, registered for the offence punishable punishable under Section 30(a)(c)(d) of the Bihar Prohibition and Excise Act, 2018.

37.8 litres of liquor and 20 litres of spirit are said to have been recovered from the house of petitioner. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. The house is in joint

Patna High Court CR. MISC. No.26644 of 2020(2) dt.12-10-2020 2/2 possession. Petitioner has got clean antecedent as mentioned in para 3 of the bail petition and he is in custody since 14.04.2020. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge (Excise), Aurangabad in connection with Haspura P.S. Case No. 82 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T