Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39512 of 2020 Arising Out of PS. Case No.-164 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== ANKUSH KUMAR Son of Vipin Kumar Mishra @ Vipin Mishra Resident of Village - Tulsipur, P.S. Kharik, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Santosh Kumar, Advocate For the Opposite Party/s :

Mr Ajay Kr No 2, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kharik Police Station (for brevity, PS) Case No 164 of 2020 instituted for the offence punishable under Sections 30 (a), 38 (1) of Bihar Prohibition and Excise Act, 2016 and Sections 25 (1-b)a/26/35 of Arms Act. Prosecution alleges that one country made loaded Katta and cartridge have been recovered from the petitioner's possession and on his disclosure, 3 liters of foreign liquor has been recovered from a bush.

Learned counsel for the petitioner submits that it is a case of false implication. The allegations, under the Bihar Prohibition and Excise Act, are super addition to the prosecution case to make it more offensive. The petitioner has no criminal antecedent and is in custody since 20.08.2020. Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.39512 of 2020(2) dt.19-02-2021 2/2 Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise, Bhagalpur in Kharik PS Case No 164 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T