Anant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57551 of 2022 Arising Out of PS. Case No.-244 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Anant Kumar S/O Arjun Kumar Singh @ Arjun Rai, Resident Of VillageGaura Charo, P.S.- Teghra, District- Begusarai (bihar). ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Teghra P.S. Case No. 244 of 2021 lodged under Section 120(B) of the I.P.C. and Sections 30(a) and 40(1)(2) of Bihar Prohibition and Excise Amendment Act, 2018.
As per prosecution case, total recovery of 882.72 liter foreign liquor has been made from a Truck, Bolero, Alto and Motorcycle, which is subject matter of the present case. Learned counsel for the petitioner submits that police patrolling party has made raid then two persons were apprehended from the place of occurrence and one of the
Patna High Court CR. MISC. No.57551 of 2022(2) dt.02-12-2022 2/3 apprehended persons had disclosed the name of the petitioner. He further submits that the name of the petitioner has come by virtue of the confessional statement of the said accused person. He further submits that petitioner is in custody since 07.08.2022 and charge sheet has already been submitted in this case. There are 5 criminal cases pending against the petitioner and he is on bail in all 5 cases. He further submits that the person who disclosed the name of the petitioner has already been granted bail by the Co-ordinate Bench of this Court vide order dated 07.08.2022 passed in Cr.Misc. No. 60100 of 2021. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-Ist, Begusarai in connection with Teghra P.S. Case No. 244 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date
Patna High Court CR. MISC. No.57551 of 2022(2) dt.02-12-2022 3/3 fixed. In case of non-appearance for two consecutive dates without sufficient cause, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T