Dileep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31750 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Dileep Kumar S/o Awadh Lal Prasad Resident of Village- Neknama, P.S. - Siwaipatti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Recovery is of 105.840 litres of English wine. Learned counsel for the petitioner submits that the petitioner was granted bail vide order dated 07.03.2022 passed in Cr. Misc. No. 65936 of 2021 but in view of the condition the petitioner has not furnished bail bond before the learned Court

Patna High Court CR. MISC. No.31750 of 2022(2) dt.22-06-2022 2/3 below and again the petitioner had moved before this Court for modifying the order dated 07.03.2022 passed in Cr. Misc. No. 65936 of 2021 but the same was dismissed vide order dated 18.05.2022.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from one Alto Car and Bed room of the petitioner. He further submits that the present case is counter blast of Siwaipatti P.S. Case No. 92 of 2019 earlier filed by father of the petitioner against Keshav Kumar and his associates and the petitioner is in custody since 20.09.2021. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with

Patna High Court CR. MISC. No.31750 of 2022(2) dt.22-06-2022 3/3 Siswaipatti P.S. Case No. 80 of 2020, with the following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U