Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1860 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Anish Kumar S/o- Madan Ray R/v- Digha, Yadubanshi Nagar, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Syameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Special Case No. 6297 of 2020, arising out of Digha P.S.P.R. No. 132 of 2020, registered for the offence under Sections 30(a), 32(1), 41(1) and 41(2) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 103.375 liters of Indian make foreign liquor has been recovered from beneath the sand stored on a plot situated near the house of petitioner. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. Petitioner has got clean antecedent and he is in custody since 23.10.2020. Chargesheet has already been submitted. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be

Patna High Court CR. MISC. No.1860 of 2021(2) dt.08-03-2021 2/2 enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Special Case No. 6297 of 2020, arising out of Digha P.S.P.R. No. 132 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

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

(Prabhat Kumar Singh, J.) anay U T