Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38477 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- LACHHUAR District- Jamui ====================================================== Kundan Kumar Son of Late Arjun Choudhary R/o Village- Lachhuarh, P.S.- Lachhuarh, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Lachhuarh P.S. Case No. 43 of 2022 lodged under Sections 272 and 272 of the I.P.C. read with Section 30(a) of Bihar Excise Prohibition and Amendment Act, 2018.

As per the prosecution case, total recovery of 15 litres desi sharab alleged to be made in this case.

Learned counsel for the petitioner submits that petitioner was apprehended from the place of occurrence and he is in custody since 30.04.2022, charge sheet has already been filed, he has having one criminal case pending against him. He

Patna High Court CR. MISC. No.38477 of 2022(2) dt.29-08-2022 2/3 submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Court Excise1st, Jamui in connection with Lachhuarh P.S. Case No. 43 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.38477 of 2022(2) dt.29-08-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T