Sajan Kumar @ Sanjay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55654 of 2021 Arising Out of PS. Case No.-486 Year-2020 Thana- DANAPUR District- Patna ====================================================== Sajan Kumar @ Sanjay, Son of Ram Lakhan Rai @ Ram Lakhan Singh, R/O Mainpura, P.S.- Danapur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 02-12-2021 This case is taken up out of turn for hearing because of schedule marriage in the family of the applicant on 06.12.2021.
The applicant/accused in Crime No. 486 of 2020 (Special Case No. 4981 of 2020) registered with Police StationDanapur for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 by this application is seeking his release on bail during the pendency of the trial. The applicant is behind the bars, as stated by the learned counsel appearing for the applicant, from 15.07.2021. Heard both sides.
This is a case of recovery of 723.96 litres of illicit liquor from co-accused Umashankar Kumar, who subsequently named the applicant. The said co-accused Umashankar Kumar
Patna High Court CR. MISC. No.55654 of 2021(2) dt.02-12-2021 2/3 is already directed to be released by a Co-ordinate Bench of this Court vide order dated 20.02.2021 in Cr. Misc. No. 39610 of 2020. Hence on the principle of parity, the following orders:- (i). The application is allowed.
(ii). The applicant/accused in Crime No. 486 of 2020 (Special Case No. 4981 of 2020) registered with Police StationDanapur for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing one surety or two sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I). The applicant should attend the concerned trial court on each and every date of hearing. Two consecutive absence without sufficient cause of the applicant shall entail the trial court to forfeit the bail bonds of the applicant for taking him into custody.
(II). The applicant should not extend any threat, promise or 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.
Patna High Court CR. MISC. No.55654 of 2021(2) dt.02-12-2021 3/3 (III). The applicant should cooperate the trial in expeditious disposal of the trial against him. (IV). The applicant should not repeat commission of similar offence in future and if he is found to be doing so, the State is free to approach this Court 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 bail-writ as per this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) uday/- U T