Amrendra Kumar @ Amrendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49106 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- GOH District- Aurangabad ====================================================== Amrendra Kumar @ Amrendra Singh Son of Satendra Singh @ Satyendra Narayan Singh Resident of Village - Sareya, P.s.- Goh, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Goh P.S. Case No. 88 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise Amendment Act, 2018. As per the prosecution case, total recovery of 81 liter wine is subject matter of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 09.06.2022 having one criminal case pending against him, in which he is on bail. He also submits that the said recovery has not been made from

Patna High Court CR. MISC. No.49106 of 2022(2) dt.18-11-2022 2/3 the possession of the petitioner, rather it has been made from the possession of a Tempo and petitioner was not there. Learned counsel submits that petitioner was not apprehended form the place of occurrence rather the police chased him as he along with other persons was going from a nearby place in an auto and under suspicion, he was arrested. Learned counsel submits that petitioner has 1 criminal case pending against him in which he is on bail.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Special Judge - cum - Special Judge Excise, 2nd, Aurangabad in connection with Goh P.S. Case No. 88 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.49106 of 2022(2) dt.18-11-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T