Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42534 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- TANDWA District- Aurangabad ====================================================== SUNIL KUMAR Son of Chhaththu Ram Resident of Village - Itwa, P.S.- Tandawa, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Anand For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State .
The petitioner seeks bail in connection with Tandwa P.S. Case No. 54 of 2022 , registered for the offences punishable under Section 414 of IPC and Section 37 of Bihar Prohibition and Amendment Excise Act.
As per prosecution case, during vehicle checking two motorcycles on which petitioner and other two co-accused were riding was stopped and during the investigation, the smell of alcohol was detected from the mouth of the petitioner and others. It is also alleged that on demanding motorcyle paper petitioner and other co-accused were not able to produce it.
Patna High Court CR. MISC. No.42534 of 2022(3) dt.27-09-2022 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 07.06.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that nothing has been recovered from the conscious possession of the petitioner. The petitioner is quite innocent and has been falsely implicated in the case. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Session Judge-cum-Special Judge, Excise, IInd, Aurangabad in connection with Tandwa P.S. Case No. 54 of 2022 , subject to following conditions:- (i) One of the bailors shall be either father or
Patna High Court CR. MISC. No.42534 of 2022(3) dt.27-09-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T