Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37065 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== VIKASH KUMAR S/O LATE SHUKUL SAH R/O VILLAGEPHATEHPUR, CHAINPUR, P.S-KANTI, DISTRICT-MUZAFFARPUR. ... ... Petitioner.
Versus
THE STATE OF BIHAR ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar, Advocate.
For the State :
Mr. M.K. Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 14-12-2021 The applicant/accused in Crime No.83 of 2021 registered with Police Station-Karja for the offences punishable under Sections 337, 338, 279, 414, 307/34 of the Indian Penal Code as well as under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016-2018 so also under Sections 4/40 of the Mining Act, by this application is seeking his release on bail during the pendency of the trial.
Heard learned counsel appearing for the applicant/ accused. He submits that the present applicant was one of the occupants of the pickup van from which illicit liquor came to be seized. Another occupant namely Ujjawal Kumar is already directed to be released on bail by coordinate Bench of this Court vide order dated 09.12.2021 passed in Criminal Misc. No.36834 of 2021.
Patna High Court CR. MISC. No.37065 of 2021(2) dt.14-12-2021 2/3 Learned A.P.P. opposed the application.
Co-accused with similar offence is already directed to be released on bail by the coordinate Bench of this Court. Therefore, the following orders:
(i). The application is allowed.
(ii). The applicant/accused in Crime No.83 of 2021 registered with Police Station-Karja for the offences punishable under Sections 337, 338, 279, 414, 307/34 of the Indian Penal Code as well as under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016-2018 so also under Sections 4/40 of the Mining Act, be released on bail on executing P.R. bond of Rs.10000/-(Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions:
(I). The applicant should not extend any threat, promise or inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.
(II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of
Patna High Court CR. MISC. No.37065 of 2021(2) dt.14-12-2021 3/3 similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.
The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused. (A. M. Badar, J) P.S./- U T