Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59340 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Prince Kumar Son of Late Munna Rai Resident of Village - Galimpur, P.S.- Bishambharpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-04-2022 Let the defects, if any, be removed within four weeks from today.

Learned counsel for the petitioner seeks permission to make necessary correction in the P.S.Case of the petition. Counsel for the petitioner is permitted to make necessary correction in the number of the P.S.Case, as mentioned in the prayer portion, within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Mohamadpur P.S.Case No. 159 of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition& Excise Act 2018.

As per the prosecution case, it is alleged that the

Patna High Court CR. MISC. No.59340 of 2021(2) dt.12-04-2022 2/3 police on information intercepted Scorpio vehicle and from Scorpio Total 172.800 liters illicit liquor has been recovered. It is submitted on behalf of the learned counsel for the petitioner that nothing has been recovered from possession of this petitioner and petitioner has got no criminal antecedent and he is in custody since 03.08.2021. Moreover, investigation has already concluded and the charge sheet has submitted in the present case.

The learned A.P.P opposed the prayer for bail of the petitioner and submits that recovery has been made from the vehicle in which this petitioner was one of the occupant. Having heard the rival contentions of the parties and taking into consideration the fact that investigation has already completed and the charge sheet has been submitted in the present case and petitioner has clean antecedent and is in custody since 03.08.2021, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-II, Gopalganj in connection with Mohamadpur P.S.Case No. 159 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions

Patna High Court CR. MISC. No.59340 of 2021(2) dt.12-04-2022 3/3 which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

N.K/- (Harish Kumar, J) U T