Pintu Kumar @ Pintu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68050 of 2021 Arising Out of PS. Case No.-990 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PINTU KUMAR @ PINTU KUMAR SINGH, Son of Ramashray Mahto Resident of Village - Chiknauta, P.S.- Baligaon, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 12-01-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 272, 273/34 of r/w under Section 30(a), 36 of the Bihar Prohibitions and Excise Act.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 23938 of 2021 which was rejected on 30.06.2021 with liberty to petitioner to renew his prayer for bail after one year of custody in jail.

Allegation against petitioner is of recovery of 800 litres of Spirit from a pickup van.

Patna High Court CR. MISC. No.68050 of 2021(2) dt.12-01-2022 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 31.12.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge Excise, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 990 of 2020, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.68050 of 2021(2) dt.12-01-2022 3/3 liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Rajiv/veenaU T