Pintu Rai @ Pintu Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52188 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- PATORI District- Samastipur ====================================================== Pintu Rai @ Pintu Raut Son of Shri Padarath Rai Resident of Village - Uttari Dhamaun, P.S.- Patori, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mrs.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 01-04-2022 The applicant is accused in Crime No. 199 of 2021 registered with Shahpur Patori (Mohanpur O.P.) Police Station for the offences punishable under Sections 272/273 read with Section 34 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.
According to the prosecution case, police received information that illicit liquor is being unloaded at the house of accused Arjun Chaudhary. The spot was raided. The applicant and two others came to be apprehended. The FIR shows that the applicant was unloading the liquor from the truck. During
Patna High Court CR. MISC. No.52188 of 2021(2) dt.01-04-2022 2/3 search it was found that the truck as well as house of accused Arjun Chaudhary was containing about 1585 liters of illicit liquor. The applicant came to be arrested.
Investigation of the subject crime is over. The applicant is attributed the role of unloading the liquor. He is having one criminal antecedent so far as the Bihar Prohibition and Excise Act is concerned. That can be taken care of by imposing stringent condition. Hence, on completion of investigation 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. 199 of 2021 registered with Shahpur Patori (Mohanpur O.P.) Police Station be released on bail on executing P.R. bond of Rs.20,000/- (Rupees Twenty Thousand) on furnishing surety 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
Patna High Court CR. MISC. No.52188 of 2021(2) dt.01-04-2022 3/3 trial court 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 cancellation of bail granted to the applicant in the instant case.
(V) As a condition of this order the applicant should attain the concerned police station on every first Sunday of each month in between 11:00 AM to 1:00 PM. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.
(A. M. Badar, J) Mkr./- U T