Biteshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53674 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- AWTARNAGAR District- Saran ====================================================== BITESHWAR KUMAR SON OF NARESH RAY R/O VILLAGE- BALUA, P.S.- DORIGANJ, DIST.- SARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 22-04-2022 The applicant/accused in Crime No. 180 of 2021 registered with Awatar Nagar Police Station for the offences punishable under Section 414 of the I.P.C. and Sections 30 and 30(a) of the Bihar Prohibition and Excise Act 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 the applicant along with the co-accused is delivering the illicit liquor to Phula Devi and Taramuni Devi. That is how the police raided the spot. The applicant was found on the spot with co-accused Ramji Mahto and Phula Devi. Illicit country made liquor was found to be possessed by the accused persons. That is how they came to be arrested. Investigation of the subject crime is over. The
Patna High Court CR. MISC. No.53674 of 2021(2) dt.22-04-2022 2/3 applicant is reportedly not having any criminal antecedents. Therefore, his further pre-trial detention is not warranted and hence, the order:- i. The application is allowed.
ii. The applicant/accused in Crime No. 180 of 2021 registered with Awatar Nagar Police Station 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. (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
Patna High Court CR. MISC. No.53674 of 2021(2) dt.22-04-2022 3/3 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