Harish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62757 of 2021 Arising Out of PS. Case No.-222 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Harish Kumar Son Of Prakash Mahto Resident Of Village- Fatehpur, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Ballia P.S. Case No. 222 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise Act.

There is alleged recovery of 349.5 litres illicit foreign liquor. Petitioner has been apprehended while fleeing away, as per allegation.

Learned counsel for the petitioner submits that he was in the locality and has become victim of the circumstances.

Patna High Court CR. MISC. No.62757 of 2021(2) dt.30-05-2022 2/2 He has been in custody since 23.07.2021 and has no criminal antecedent.

Learned APP has opposed the prayer for bail.

Considering the aforesaid submissions, this Court is inclined to allow the prayer for bail.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai in Ballia P.S. Case No. 222 of 2021, 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) SUMIT/- U T