Patna High CourtCR. MISC./56288/2021bail granted

Fekan Kumar v. The State Of Bihar

2022-03-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56288 of 2021 Arising Out of PS. Case No.-418 Year-2020 Thana- SAHPUR District- Patna ====================================================== FEKAN KUMAR SON OF LATE MAHENDRA RAI, RESIDENT OF NOORPUR CHANDMARI, P.S- SHAHPUR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dayashanker Pandey, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 110 litres illicit liquor from a Thela which was being plied by the petitioner. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 09.11.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the

Patna High Court CR. MISC. No.56288 of 2021(2) dt.29-03-2022 2/2 case is pending in connection with Shahpur P.S. Case No.418 of 2020 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U