Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49123 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== Ashish Kumar Son Of Dayanand Yadav Resident Of Village - Khapaiti, P.S.- Town, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-04-2022 The applicant is accused in Special Case No.262 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.
It is reported that the applicant is not having any criminal antecedent. According to the prosecution case, a four wheeler vehicle was inspected and it was found to be containing 108 liters of illicit liquor. The applicant was driving that car.
Investigation of the subject crime is over. The
Patna High Court CR. MISC. No.49123 of 2021(2) dt.08-04-2022 2/3 applicant is undergoing pretrial detention from July, 2021. In this view of the matter, I see no reason to refuse bail to him and, therefore, the order :- i. The application is allowed.
ii. The applicant/accused in Special Case No.262 of 2021 be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of 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. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) 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
Patna High Court CR. MISC. No.49123 of 2021(2) dt.08-04-2022 3/3 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 applicant/accused.
(A. M. Badar, J) Mkr./- U T