Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40461 of 2022 Arising Out of PS. Case No.-307 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Satyendra Kumar S/o Late Lakshman Singh, Resident of Village- Dhuan, P.S.- Sasaram (Muffasil), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, 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 Sasaram (Town) P.S. Case No. 307 of 2022 lodged under Section 30(a) of the Bihar Prohibition & Excise Act, 2018. As per prosecution case, total recovery of 35.565 litres of foreign liquor in this case.

Learned counsel for the petitioner submits that the recovery of 0.72 litre of foreign liquor was made from the possession of the petitioner. He further submits that the rest recovery was not made from possession of the petitioner. He submits that petitioner is in custody since 14.04.2022 and

Patna High Court CR. MISC. No.40461 of 2022(2) dt.27-08-2022 2/3 charge-sheet has already filed in this case. On the point of criminal antecedent, he submits that petitioner is accused in Section 37 (c) i.e. only for drinking wine.

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 3rd Additional Sessions Judge, Sasaram, I/C-13th Additional Sessions Judge, Rohtas at Sasaram, in connection with Sasaram (Town) P.S. Case No. 307/2022, 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.40461 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