Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61902 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== GUNJAN KUMAR Son of Lalan Yadav Resident of Village- Parwatta Bazar, Yadav Tola, P.S.- Parwatta, District- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2022 Supplementary affidavit has been filed on behalf of the petitioner for making necessary correction in the bail petition.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Malaypur P.S. Case No. 57/ 2021, G.R. No. 1043/ 2021 registered for the offences punishable under Sections 272, 273, 34 of the IPC and Sections 30(a), 36, 41(1) of Bihar Prohibition of Excise Act, 2018.

Patna High Court CR. MISC. No.61902 of 2021(3) dt.11-03-2022 2/3 There is recovery of altogether 2160 litres (2880 bottles) of illicit liquor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that altogether 2160 litres (2880 bottles) of illicit liquor have been recovered from the truck in question and petitioner is driver of the said truck. He further submits that petitioner has no concern with the alleged recovery and only on the basis of suspicion, the petitioner has been implicated in the present case. Petitioner is in custody since 09.04.2021. The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries one criminal antecedent.

Considering the aforesaid facts and circumstances, 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, Jamui in connection with Malaypur P.S. Case No. 57/ 2021, G.R. No. 1043/ 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.61902 of 2021(3) dt.11-03-2022 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T