Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43808 of 2022 Arising Out of PS. Case No.-280 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Amarjit Kumar, Son of Hari Kishore Mahto, R/O Village- Bahurar, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-10-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Mzharul Hasan, learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail, who is in custody in connection with Sadar P.S. Case No. 280 of 2022 registered for the offences punishable under Sections 272, 273, 414/34of the Indian Penal Code and Sections 30 (a) 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, it is alleged that the police in course of patrolling intercepted two vehicles and on search 33.25 litres of Indian made foreign liquor was recovered from

Patna High Court CR. MISC. No.43808 of 2022(2) dt.12-10-2022 2/3 the car, which was being driven by the petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner being the driver of the car, which runs on the dictate of its owner, was not even aware as to what was being carried by the owner. He further submits that the petitioner has neither any concern with the car nor with the incriminating material, which was recovered from the said car. The petitioner, having fair antecedent, is in custody since 23.05.2022.

On the other hand, learned APP for the State opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner being the driver of the car, in question, which runs on the dictate of its owner and further the investigation of the crime is already complete and charge-sheet has been submitted, apart from the petitioner, having fair antecedent, is in custody since 23.05.2022, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur in connection with Sadar P.S. Case No. 280 of 2022, subject to the

Patna High Court CR. MISC. No.43808 of 2022(2) dt.12-10-2022 3/3 condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain physically present on each and every date of trial till disposal of the case. (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T