Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63466 of 2021 Arising Out of PS. Case No.-300 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Amit Kumar Son Of Umesh Singh Resident Of Village- Jaya, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 16-02-2022 The applicant is given out of turn hearing on account of marriage of his brother.

The applicant is accused in Crime No. 300 of 2021 registered with Gaighat Police Station for the offences punishable under Sections 272, 273, 414 read with Section 34 of the Indian Penal Code as well as Sections 30(a)/36/41(i) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

On the basis of secret information that Umesh Singh who happens to be the father of the applicant is dealing with illicit liquor. House of Umesh Singh was raided. He was

Patna High Court CR. MISC. No.63466 of 2021(3) dt.16-02-2022 2/3 apprehended along with the co-accused. The applicant is reported to have ran away from the spot when the police raided the house of the applicant and co-accused Umesh Singh. 111.750 liters of illicit liquor came to be seized from the house of the applicant. The applicant was subsequently arrested on 10.09.2021.

It is reported that the applicant is not having any criminal antecedent. Investigation of the subject crime is over. The applicant was arrested on 10.09.2021 and since then he is in custody. Hence, I see no reason to refuse bail to the applicant and therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 300 of 2021 registered with Gaighat Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail

Patna High Court CR. MISC. No.63466 of 2021(3) dt.16-02-2022 3/3 court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T