Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40853 of 2022 Arising Out of PS. Case No.-259 Year-2022 Thana- JAMUI District- Jamui ====================================================== Vikash Kumar Son of Shankar Yadav R/O- Village- Mahisouri, P.S.- Jamui, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bibhuti Narayan, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-08-2022 Let the defect(s) 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 Jamui P.S. Case No. 259/2022, related to Excise G.R. No. 1856/2022, lodged under Section 30(A) of the Bihar Prohibition & Excise Amendment Act, 2018.

As per prosecution case, total recovery of 1.5 liters of foreign liquor were alleged to be recovered from the dicky of the motorcycle.

Learned counsel for the petitioner submits that petitioner was apprehended from the place of occurrence. He further submits that petitioner is in custody since 08.06.2022

Patna High Court CR. MISC. No.40853 of 2022(2) dt.27-08-2022 2/3 and one case of similar nature is pending against him. He further submits that petitioner undertakes that in future, such type of mistake shall not take place.

Learned APP for the State opposes the prayer for bail. In the present facts and circumstances of the 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 Special Court, Excise-1, Jamui in connection with Jamui P.S. Case No.259 of 2022 related to Excise G.R. No.1856 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

Patna High Court CR. MISC. No.40853 of 2022(2) dt.27-08-2022 3/3 furnishing of bail bond that he shall not involve in such criminal 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.) Ranjeet/- U T