Patna High CourtCR. MISC./2194/2021bail granted

Amar Nayak v. The State Of Bihar

2021-02-03Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2194 of 2021 Arising Out of PS Case No.-318 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== Amar Nayak, aged about 32 years, Male, Son of Late Ram Prasad Nayak, Resident of Village- Balha, PS- Pandaul, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the State :

Mr. Dashrat Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021 The matter has been heard via video conferencing.

2. Heard Mr. Ranjeet Kumar, learned counsel for the petitioner and Mr. Dashrat Mehta, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Pandaul PS Case No. 318 of 2019 dated 28.12.2019, instituted under Sections 272, 273/34 of the Indian Penal Code and 30(a), 36, 38(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

4. This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 07.07.2020 in Cr. Misc. No. 3935 of 2020.

Patna High Court CR. MISC. No.2194 of 2021 dt.03-02-2021 2/3

5. The allegation against the petitioner is that upon raid, the police recovered 2087 litres of foreign wine from his house and the petitioner was caught whereas co-accused Santosh Panjiyar fled away.

6. Learned counsel for the petitioner submitted that though there is recovery but the petitioner has clean antecedent and is in custody since 29.12.2019.

7. Learned APP submitted that from the house of the petitioner, there has been recovery of huge amount of liquor.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum Special Judge, Madhubani in Pandaul PS Case No. 318 of 2019 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses.

Patna High Court CR. MISC. No.2194 of 2021 dt.03-02-2021 3/3 Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

9. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T