Nandkishor Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52658 of 2021 Arising Out of PS. Case No.-210 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Nandkishor Prasad Son of Bhikhari Sah Resident of Village - Machhargawa, P.S. - Yogapatti, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 09-03-2022 The applicant has claimed out of turn hearing on the ground of ailment of his wife.

The applicant is an accused in Crime No. 210 of 2021 registered with Shikarpur Police Station for the offences punishable under section 30(a) of Bihar Prohibition and Excise Act.

Heard both sides.

It is reported that investigation of the subject crime is over. The applicant is not having any criminal antecedent. It is the case of prosecution that from a pick-up van, illicit liquor was being supplied. When police conducted raid, the applicant who was having a motorcycle came to be apprehended along with co-accused. The illicit liquor of 10.80 liters

Patna High Court CR. MISC. No.52658 of 2021(3) dt.09-03-2022 2/3 quantity came to be seized from the applicant. Considering the nature of offence and the fact that the investigation of the subject crime is already over, I see no reason to refuse bail to the applicant and therefore, the order. I. The application is allowed.

II. The applicant/accused in Crime No. 210 of 2021 registered with Shikarpur Police Station is directed to be released on bail on executing P.R. Bond of Rs. 15,000/- (Fifteen Thousand) on furnishing two sureties 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 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 involved in commission of similar offence, the State is at liberty to apply for

Patna High Court CR. MISC. No.52658 of 2021(3) dt.09-03-2022 3/3 cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T