Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47381 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Pintu Kumar, Son Of Mungeri Mahto, R/O Village- Pandhar, P.S.- Ariyari in the District of Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Kiul P.S. Case No. 87 of 2022, registered for the alleged offence under Section 30 (a) of the Bihar Prohibition and Excise Act.

Allegedly, total 88.5 liters of India made foreign liquor was recovered from the co-accused persons and the petitioner. The petitioner and the co-accused persons were apprehended from the spot by the police.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.47381 of 2022(3) dt.23-11-2022 2/3 case. Nothing incriminating has been recovered from his conscious possession. The charge sheet has been submitted in this case. The petitioner is in custody since 16.06.2022 and is having clean antecedent.

The learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and period of custody of the petitioner along with his clean antecedent, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cum-Exclusive Special Court No.2, Excise Act, Lakhisarai, in connection with Kiul P.S. Case No.87 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.47381 of 2022(3) dt.23-11-2022 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T