Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50744 of 2022 Arising Out of PS. Case No.-292 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Anand Kumar Son of Saral Chaudhary R/V- Baikunthwa P.S- Nautan, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 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 Nautan P.S. Case No. 292 of 2022 lodged under Sections 414 of I.P.C. and Sections 30(a), 30(d) of the Bihar Prohbition and Excise Act, 2016.

As per the prosecution case, total recovery of 10 litre 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 27.05.2022 having 3 criminal cases pending against him. He is on bail in all the cases

Patna High Court CR. MISC. No.50744 of 2022(2) dt.25-11-2022 2/3 and charge sheet has already been filed in this case. He also submits that nothing was recovered from the possession of petitioner and his name has been figured in this case by the confessional statement of one accused, whose name has been figured by the confessional statement of co-accused. 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 Special Judge Excise, Bettiah, West Champaran in connection with Nautan P.S. Case No. 292 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 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

Patna High Court CR. MISC. No.50744 of 2022(2) dt.25-11-2022 3/3 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