Patna High CourtCR. MISC./27653/2020bail granted

Biresh Kumar @ Bhulla v. The State Of Bihar

2020-10-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27653 of 2020 Arising Out of PS. Case No.-305 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Biresh Kumar @ Bhulla Son of Late Abhinandan Singh R/o Village- Harpur Gachhi Tola, P.S.- Barauni (Refinery), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.M.K.Khare,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Barauni (Refiner) P.S. Case No. 305 of 2020, registered for the offence under Sections 30(a) and 40(1)(2) of Bihar Prohibition and Excise Act. 92.880 liters of foreign liquor is alleged to have been recovered from the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The house in question is in joint possession of the family. Petitioner is in custody since 16-08-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.27653 of 2020(2) dt.20-10-2020 2/2 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Begusarai in connection with Barauni (Refinery) P.S. Case No. 305 of 2020 on the following conditions:

"(1) Petitioner shall cooperate 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T