Achhe Lal Kumar @ Achhe Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39142 of 2020 Arising Out of PS. Case No.-234 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== ACHHE LAL KUMAR @ ACHHE KUMAR SON OF SATRUDHAN SAHANI RESIDENT OF VILLAGE- GAUSARA, P.S.- KARJA O.P., DISTRICT- MUZAFFARPUR ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Jyotsna Rani Mishra, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the stamp reporter within four weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. The Petitioner in the present case is seeking regular bail in connection with Revilganj P.S. Case No. 234 of 2020 registered for the offences punishable under Sections 30(a) 41(i) of Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that as per the prosecution story while the informant was in night patrolling duty intercepted a pick-up van from which 846.724 litres of illicit liquors were recovered and the petitioner was arrested.
Patna High Court CR. MISC. No.39142 of 2020(2) dt.12-02-2021 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is submitted that the petitioner is not the owner of the vehicle in question and he is in custody since 09.07.2020 having no criminal antecedent.
Mr. Akhileshwar Dayal, learned A.P.P. for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case wherein the petitioner has remained in jail since 09.07.2020 and prior to the present case he has no criminal antecedent and there is no submission on behalf of the State that his release at this stage is likely to result in tampering with evidence or interfering with the course of trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Saran in connection with Revilganj P.S. Case No. 234 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
Patna High Court CR. MISC. No.39142 of 2020(2) dt.12-02-2021 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands disposed of accrodingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.