Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52132 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- VIJAYEPUR District- Gopalganj ====================================================== Sandeep Kumar S/O Satyanarayan Rajbhar R/O Village- Kalyanpur, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-04-2022 The applicant is accused in Crime No. 142 of 2021 registered with Vijaypur Police Station for the offences punishable under Sections 30(a)/32(3) 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.

It is reported that the applicant is not having any criminal antecedent.

It is case of the prosecution that on the basis of secret information two motorcycles were stopped. One was driven by the the applicant. The applicant was apprehended on the spot. Both these motorcycles were found to be carrying

Patna High Court CR. MISC. No.52132 of 2021(2) dt.08-04-2022 2/3 illicit liquor of 52.600 liters of quantity.

The investigation of the subject crime is over. The applicant is not having any criminal antecedent. He is undergoing pretrial detention from July, 2021 and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No.142 of 2021 registered with Vijaypur Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing two sureties of the like amount each 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 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

Patna High Court CR. MISC. No.52132 of 2021(2) dt.08-04-2022 3/3 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.

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