Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48770 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- KAJRA District- Lakhisarai ====================================================== Sachin Kumar, Son Of Vijay Koda, R/O Village- Shrikishun Kodasi Pachhiyari Tola, P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Irshad, Advocate For the Opposite Party/s :

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

In the present case, the petitioner seeks bail in connection with Kajra P.S. Case No. 81 of 2022 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the petitioner was apprehended with a sack containing 110 liters of country made Mahua liquor.

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 conscious possession. The petitioner has no concern with the recovered liquor. The charge sheet has been submitted in this

Patna High Court CR. MISC. No.48770 of 2022(3) dt.23-11-2022 2/3 case. The petitioner is in custody since 27.06.2022 and is having clean antecedent.

Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner.

Having regard to the submissions made on behalf of the petitioner and considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, he 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 Additional Sessions Judge-V-cum-Exclusive Special Court No.-2, Excise Act, Lakhisarai, in connection with Kajra P.S. Case No. 81 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 bail bond of the petitioner will be liable to

Patna High Court CR. MISC. No.48770 of 2022(3) dt.23-11-2022 3/3 be cancelled by the court concerned.

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