Arjun Kumar @ Arjun Kumar Parit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37393 of 2021 Arising Out of PS. Case No.-198 Year-2021 Thana- MASHRAK District- Saran ====================================================== ARJUN KUMAR @ ARJUN KUMAR PARIT Son of Janak Parit @ Janak Pandit Resident of Village - Charihara, P.S. - Mashrakh, District - Saran at Chhapra.
... ... Petitioner.
Versus
THE STATE OF BIHAR ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Alok Kumar Alok, Advocate.
For the State :
Mr. Navin Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 14-12-2021 The applicant/accused in Crime No.198 of 2021 registered with Police Station-Mashrakh for the offences punishable under Sections 30, 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act, 2016, by this application is seeking his release on bail after filing of the charge-sheet. Heard learned counsel appearing for the applicant/ accused. He submits that the name of the applicant is stated by the co-accused in his confessional statement and there is no evidence to connect the applicant in the crime in question. He submits that co-accused Rajnish Singh alias Chaman Singh from whose possession illicit liquor was seized is already released on bail by the coordinate Bench of this Court vide order dated 13.07.2021 passed in Criminal Misc. No.34535 of 2021.
Patna High Court CR. MISC. No.37393 of 2021(2) dt.14-12-2021 2/3 Learned A.P.P. opposed the application.
Co-accused Rajnish Singh alias Chaman Singh from whose possession illicit liquor of about 600 liters quantity was seized is already directed to be released on bail by the coordinate Bench of this Court. The applicant is named by the co-accused in his confessional statement. In this view of the matter, no further pretrial detention of the applicant is warranted. It is reported that he is having no criminal antecedents. Therefore, the following orders:
(i). The application is allowed.
(ii). The applicant/accused in Crime No.198 of 2021 registered with Police Station-Mashrakh for the offences punishable under Sections 30, 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act, 2016, 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.
Patna High Court CR. MISC. No.37393 of 2021(2) dt.14-12-2021 3/3 (II). The applicant should cooperate the trial in expeditious disposal of the trial against him. (III). The applicant should not repeat commission of 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