Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33421 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== PINTU KUMAR Son of Shri Ram Lochan Prasad Resident of VillageSodhana, P.S.- Siway Patti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2021 This matter is taken up for consideration through Video Conferencing.

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

The petitioner seeks bail in Siway Patti P.S. Case No. 106 of 2020, registered for the offence punishable punishable under Sections 272, 273, 420 and 34 of the Indian Penal Code and sections 30(a), 36, 38, 41 and 41(I) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 115 litres of Spirit, 2.25 litres of foreign liquor and 5 lires of country made liquor and 02 bags of empty bottles have been recovered from verandah of the house of petitioner.

It is submitted that no recovery has been made from

Patna High Court CR. MISC. No.33421 of 2021(2) dt.03-09-2021 2/2 conscious possession of this petitioner. Petitioner is in custody since 23.02.2021. Investigation is complete.

Considering the period of custody, 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 Special Judge Excise Act, Muzaffarpur in connection with Siway Patti P.S. Case No. 106 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