Jaishankar Kumar @ Jay Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26748 of 2022 Arising Out of PS. Case No.-542 Year-2021 Thana- HISUWA District- Nawada ====================================================== Jaishankar Kumar @ Jay Shankar Kumar, Son of Ravindra Kumar Singh, R/o Village- Jhikarua, P.S.- Narhat, Dist- Nawada, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Singh, Advocate Mr. Satyendra Rai, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-08-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Shekhar Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Hisua P.S. Case No. 542 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per prosecution case, it is alleged that the police on a secret information intercepted one Innova car where six persons were found sitting, however, on noticing the police party all of them fled away and one Raju Kumar was apprehended and he disclosed the name of his associates
Patna High Court CR. MISC. No.26748 of 2022(2) dt.03-08-2022 2/3 including the petitioner.
It is submitted by the learned counsel for the petitioner that the petitioner was neither arrested at the spot nor any incriminating material has been recovered from his person or possession. It is further submitted that save and except the disclosure made by the apprehended co-accused, there is no other material, which suggests the complicity of the petitioner in the present crime. It is lastly submitted that the petitioner is in custody since 02.12.2021 and the investigation of the crime is completed and charge-sheet has been submitted. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner has multiple criminal antecedent of similar nature.
Having regard to the submissions made on behalf of the parties and considering the fact that the petitioner was neither arrested at the spot nor any incriminating material has been recovered from his person or possession and moreover he is in custody since 02.12.2021, though the investigation of the crime is completed and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Nawada in connection with Hisua P.S.
Patna High Court CR. MISC. No.26748 of 2022(2) dt.03-08-2022 3/3 Case No. 542 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) uday/- U T