Patna High CourtCR. MISC./49653/2024bail granted

Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav v. The State Of Bihar

2024-08-02Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49653 of 2024 Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada ====================================================== Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav SON OF ISHO YADAV Resident of Village- Gondapur, P.S.- Nawada, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manmohan Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Nawada (Nagar) P.S. Case No. 680 of 2021 registered for the offence punishable under Sections 33/34/36 of the Bihar Prohibition and Excise Act.

3. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 25.08.2023 passed in Cr. Misc. No. 54386 of 2023. The petitioner is in jail since 19.01.2023.

4. As per the prosecution case, the petitioner is supplier of spurious liquor after consuming which Bhushan Rajbanshi has died. Though the learned counsel for the petitioner has argued that there is no recovery from the possession of the petitioner but

Patna High Court CR. MISC. No.49653 of 2024(2) dt.02-08-2024 2/3 the name of the petitioner has transpired during investigation.

5. Learned counsel for the petitioner undertakes that if the petitioner is granted bail, he is ready to reside in Kolkata at the address give below:- C/o- Pappu Yadav 29/11, C.P.T. Quarter Hide Road. B.N.R., South Eastern Railway, P.O. South Eastern Railway, P.S. Khidirpur Babu Bazar, South Port Police Station, District Kolkata, 700043. West Bengal.

6. Considering the period of custody and also the undertaking given by the petitioner that he is ready to reside at Kolkata, this application is allowed.

7. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge,1, Nawada/ concerned court in connection with Nawada (Nagar) P.S. Case No. 680 of 2021.

8. The petitioner is directed to mark his attendance in Khidirpur Babu Bazar, South Port Police Station on 1st Sunday of every month. Failure to do so, will result in cancellation of bail bond of the petitioner.

9. Let a copy of the order be communicated to the

Patna High Court CR. MISC. No.49653 of 2024(2) dt.02-08-2024 3/3 Khidipur Police Commissioner/Superintendent of Police, Koltaka through FAX/e-mail forthwith for compliance of the order. (Sandeep Kumar, J) Saif/- U T