Aditya Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43107 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- DAGARUA District- Purnia ====================================================== Aditya Anand Son Of Sri Bishwajeet Kumar Singh, R/O Mohalla- Kalibari Chowk Bhattha Bazar Ward No.-22, P.S.- K.Hat (sahayak), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Dagarua P.S. Case No. 183 of 2022 lodged under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution, total 154.710 litres of foreign liquor were alleged to be recovered from a Swift Dezire Car. The petitioner was apprehended from the said car. Learned counsel for the petitioner submits that petitioner is neither owner nor the driver of the vehicle. He further submits that petitioner has taken lift in this car, when

Patna High Court CR. MISC. No.43107 of 2022(2) dt.31-08-2022 2/3 police stopped, the persons known about the excise materials have fled away and petitioner has caught by the police. Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 20.06.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.I, Purnea in connection with Dagarua P.S. Case No. 183 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the

Patna High Court CR. MISC. No.43107 of 2022(2) dt.31-08-2022 3/3 petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T