Vishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49272 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Vishu Kumar Son Of Ram Prakash Singh Resident Of Village - Ganiari, P.S. - Sakra Bariyarpur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-04-2022 The applicant is accused in Crime No. 69 of 2021 registered with Sakara Police Station for the offences punishable under Sections 272/273/414 of the Indian Penal Code as well as 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 after filing of the charge sheet.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

According to the prosecution case on the basis of information, police raided the spot. A Swift Dzire car was found on the spot near the pond. Indian made foreign liquor of about 133 liters quantity was found in the car and that of about 118 liters was found in the pond. The village Chaukidar

Patna High Court CR. MISC. No.49272 of 2021(2) dt.22-04-2022 2/3 informed the police that two persons which fled from the spot were Aman Kumar and applicant Vishu Kumar.

Investigation of the subject crime is over. The applicant is not having any criminal antecedent. In this view of the matter, the following order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 69 of 2021 registered with Sakara Police Station 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

Patna High Court CR. MISC. No.49272 of 2021(2) dt.22-04-2022 3/3 involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the 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