Sikandar Kumar @ Sikandar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47353 of 2022 Arising Out of PS. Case No.-437 Year-2021 Thana- FATUA District- Patna ====================================================== Sikandar Kumar @ Sikandar Prasad, Son of Late Jaglal Ray, Resident of Village - Bhagwanpur, Dewarsaukhi, P.S.- Fatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), 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 Fatuha P.S. Case No. 437 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegedly, the recovery of 40 litres of country made liquor was made from the bathroom of a school. The names of the petitioner and co-accused were disclosed by the local people as the person who kept the liquor in the school.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his

Patna High Court CR. MISC. No.47353 of 2022(2) dt.15-10-2022 2/3 conscious possession. The petitioner has no concern with the allegedly recovered illicit liquor. Except for suspicion nothing has come on record against this petitioner. The petitioner was arrested in this case merely on the basis of statement of local people. The petitioner is in custody since 25.07.2022 and the charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedents of similar nature.

Having regard to the submissions made hereinabove and considering the fact that the recovery has not been shown from this petitioner and the petitioner was not apprehended from the spot and further considering the submission of charge-sheet along with his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna City in connection with Fatuha P.S. Case No. 437 of 2021 subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already

Patna High Court CR. MISC. No.47353 of 2022(2) dt.15-10-2022 3/3 framed.

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

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

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T