Bullet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35559 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== Bullet Kumar son of Ramji Mahto Resident of Village- Lala Tola, Garabhua, Police Station- Sirisiya O.P., District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Chanpatiya (Sirisiya O.P.) P.S. Case No. 117 of 2020, registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 30(a)/30(b) of Bihar Prohibition and Excise Act. On a secret information, a raid was conducted and altogether 12 persons were apprehended, including this petitioner, and from possession of this petitioner, 10 liters of country-made liquor has been recovered.

It is submitted on behalf of petitioner that nothing has been recovered from the physical possession of the petitioner and petitioner is in custody since 20-03-2020. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.35559 of 2020(2) dt.22-12-2020 2/2 In view of aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pawan Kumar Pandey, learned Special Judge, Excise, Bettiah, West Champaran in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 117 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