Bolbam Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53938 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- KARAHGAR District- Rohtas ====================================================== BOLBAM KUMAR @ VIKASH KUMAR SON OF RAMESH SINGH RESIDENT OF VILLAGE- BABHANI, P.S.- KARGAHAR, DISTRICTROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 29-04-2022 The applicant/accused in Crime No. 263 of 2020 registered with Kargahar Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, by this application is seeking his release on bail during pendency of the trial. Heard both sides.

According to the prosecution case, police received information that illicit liquor is stacked in the four-wheeler vehicle. That is how police inspected Bolero vehicle parked under the Neem tree and found country made liquor of 342 litres in quantity stored in that vehicle. The applicant is stated to be fourth purchaser of that vehicle.

The applicant is not having any criminal

Patna High Court CR. MISC. No.53938 of 2021(3) dt.29-04-2022 2/3 antecedents. He is undergoing pre-trial detention from July 2021.

Considering the nature of evidence against the applicant, his further pre-trial detention is not warranted and, therefore, the order:- i. The application is allowed.

ii. The applicant/accused in Crime No. 263 of 2020 registered with Kargahar Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, be released on bail on executing P.R. bond of Rs. 10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount 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.

Patna High Court CR. MISC. No.53938 of 2021(3) dt.29-04-2022 3/3 (IV) The applicant should not repeat commission of similar offence in future and if he is found to be 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) shahzad/- U T