Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5832 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- KHAIRA District- Saran ====================================================== PINTU KUMAR, Son of Shambhu Ray, Resident of Village - Sadha, P.S.- Chapra Muffasil, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh, Advocate For the Opposite Party/s :

Smt. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-04-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 30, 30(a) of Bihar Prohibition & Excise Act, 2018.

Allegation is recovery of 84 litres country-made liquor from a motorcycle which was driven by the petitioner. It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Petitioner is not named in the F.I.R. Petitioner has no concern with the said motorcycle and nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 23.08.2020.

Patna High Court CR. MISC. No.5832 of 2021(2) dt.15-04-2021 2/2 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 case is pending in connection with Khaira P.S. Case No. 239 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) Rajiv/- U T