Abhisheka Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26652 of 2020 Arising Out of PS. Case No.-279 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Abhisheka Kumar Son of Bindeshwar Prasad @ Bindeshwar Mahto Resident of Mohalla- Pankaj Market, Shankar Bag Gali, Saraiyaganj, P.S.- Town, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.A.P.P.

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

13-10-2020 Heard both parties.

The petitioner seeks bail in Town P.S. Case No. 279 of 2020, G.R. No. 634 of 2020, registered for the offence under Sections 188, 269, 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. 22 liters of country-made liquor is alleged to have been recovered from the shop of the petitioner. It is submitted on behalf of petitioner that no incriminating article/liquor has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent, as stated in paragraph - 3 of the petition and he is in custody since 08-05-2020.

Considering the aforesaid facts and circumstances, the

Patna High Court CR. MISC. No.26652 of 2020(2) dt.13-10-2020 2/2 bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Town P.S. Case No. 279 of 2020, GR No. 634 of 2020 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 and shall remain physically present, as directed by the Court 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