Bunti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27334 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- DANAPUR District- Patna ====================================================== BUNTI KUMAR Son of Doman Mahto Resident of Village - Yarpur, Police Station- Gardanibagh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Danapur P.S. Case No. 103 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 1202.2022.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 100 litres of illicit country made liquor.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.27334 of 2022(2) dt.29-07-2022 2/3 submitted that motorcycle from which, alleged recovery of country made liquor was made is not belongs to the petitioner. It is submitted that seizure list was not supplied to petitioner, which creates a doubt as regards to arrest of the petitioner on spot. It is also submitted that the seizure list is not supported by independent witness and same is in violation of Section 100(4) of the Cr.P.C. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that seizure list is not supported by independent witness.
Considering the facts and circumstances as mentioned above, as seizure list is disputed on its face, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 103 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge,
Patna High Court CR. MISC. No.27334 of 2022(2) dt.29-07-2022 3/3 Danapur, Patna/concerned court, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Mukesh Kumar, who is the brother of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T