Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8184 of 2021 Arising Out of PS. Case No.-397 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Arjun Kumar S/o Suresh Poddar @ Suresh Marwari Resident of MohallaMarwari, Mohalla, Ward No.22, P.S.- Nagar (Ratanpur O.P.), DisttBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the State :

Ms.Shaheen Begum APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Town PS Case No 397 of 2020 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

67.50 litres foreign liquor has been recovered from two motorcycles on which the petitioner and three others were moving.

Petitioner's counsel submits that petitioner has one criminal antecedents in which he is on bail. The petitioner is in custody since 06.09.2020 and his implication in the instant case is false. The alleged recovery is not in accordance with law and there is no forensic opinion to support the allegation that the

Patna High Court CR. MISC. No.8184 of 2021(2) dt.05-03-2021 2/2 recovered substance is intoxicant.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -II- cum- Special Judge, Excise Act, Begusarai, in connection with Town PS Case No 397 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T