Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40470 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== Amrendra Kumar S/o Ram Yadav R/o village- Atari, P.S.- Laukahi, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, 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 Laukahi (Narahiya O.P.) P.S. Case No. 54 of 2022, corresponding to G.R. No. 148 of 2022 lodged under Sections 272, 273/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, total recovery of 72 liters of Nepali Mamashri Country made wine is alleged to be recovered from a car.

Learned counsel for the petitioner submits that petitioner is alleged to be the driver of the said car. He further

Patna High Court CR. MISC. No.40470 of 2022(24) dt.27-08-2022 2/3 submits that petitioner is in custody since 12.03.2022. Chargesheet has already filed having one criminal antecedent. Learned counsel for the petitioner submits the petitioner undertakes to the Court that he shall not involve in such type of offences in future.

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 Judge, Excise Act, Jhanjharpur connection with Laukahi (Narahiya O.P.) P.S. Case No. 54 of 2022, corresponding to G.R. No. 148 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

Patna High Court CR. MISC. No.40470 of 2022(24) dt.27-08-2022 3/3 petitioner.

(C.) The petitioner shall file an affidavit at the time of 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