Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24304 of 2020 Arising Out of PS. Case No.-84 Year-2020 Thana- BALIYA District- Begusarai ====================================================== PRAVIN KUMAR Son of Santosh Kumar Das Resident of Village - Bari balia Siraja, P.S. - Balia, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2020 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 Balia P.S. Case No. 84 of 2020, registered for the offence punishable punishable under Sections 272, 273, 414 and 34 of the Indian Penal Code, section 25(1-b)a, 26 and 35 of the Arms Act and section 30(a), 37b/c of the Bihar Prohibition and Excise Act, 2016.

13.500 litres of foreign liquor is said to have been recovered from the motorcycle on which petitioner and coaccused Silvant Kumar were sitting. One loaded Katta is also recovered from that motorcycle.

Patna High Court CR. MISC. No.24304 of 2020(2) dt.24-09-2020 2/2 It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner has no concern with the seized wine. Petitioner is in custody since 24.03.2020 having clean antecedent.

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 2nd Additional Sessions Judge-cum-Special Judge Excise, Begusarai in connection with Balia P.S. Case No. 84 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