Kaila @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27420 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- MOKAMAH District- Patna ====================================================== KAILA @ RAJ KUMAR S/o Sri Arvind Kumar @ Arvind Singh Resident of Village-Sankarwar Tola, P.S-Mokama, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Adv.

For the Opposite Party/s :

Ms. Meena Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Spl. Excise case no. 9442 of

Patna High Court CR. MISC. No.27420 of 2020(2) dt.20-10-2020 2/3 2019, arising out of Mokama P.S. Case no. 242 of 2019 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise (Amendment)Act, 2018.

Total 27.500 liters of illicit country made liquor has been recovered from co-accused.

Petitioner's counsel submits that the petitioner has falsely been implicated due to his criminal antecedents. In two out of three cases pending against him, he is already on bail. Petitioner is in custody since 11.02.2020.

The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released 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 Spl. Judge, Excise, Patna, in connection with Spl. Excise case no. 9442 of 2019, arising out of Mokama P.S. Case no. 242 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.27420 of 2020(2) dt.20-10-2020 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T