Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39534 of 2020 Arising Out of PS. Case No.-486 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== Amit Kumar, S/O Dharmdev Prasad @ Dharmdev Sah @ Dharamdev Sah, R/O Shivganj, Near Shiv Mandir, Ward No. 7, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-02-2021 Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Shikarpur P.S. Case No.486 of 2020 registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 12.09.2020 for alleged recovery of 2.16 litres of liquor from his possession while he was moving on a motorcycle. The petitioner's statement has allegedly led to recovery of 174.960 litres of liquor from the premises where he was residing on rent. Petitioner's counsel submits that, in fact, the landlord was responsible for the recovery of 174.960 litres of liquor and

Patna High Court CR. MISC. No.39534 of 2020(2) dt.19-02-2021 2/3 on extraneous considerations in collusion with the police, the petitioner has been unnecessarily dragged in this false case. He has no criminal antecedent and that there is no tangible material to suggest that the recovered substance is intoxicant. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shree Pawan Kumar Pandey, learned Special Judge, Excise, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No.486 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates,

Patna High Court CR. MISC. No.39534 of 2020(2) dt.19-02-2021 3/3 his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T