Patna High CourtCR. MISC./70875/2021bail granted

Prince Kumar @ Bhim Kumar v. The State Of Bihar

2022-05-25Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70875 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- PUNPUN District- Patna ====================================================== Prince Kumar @ Bhim Kumar, Son of Sanjay Singh @ Sanjay @ Guddu Singh Resident of Pothahi, P.S. - Punpun, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan, Adv.

For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2022 Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Special Case No.6728/2020 arises out of Punpun P.S. Case No.268/2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per the FIR, the police upon information raided the place and intercepted one motorcycle. Although two persons managed to flee away, one Ravi Kumar was arrested who disclosed the persons who had escaped as the petitioner herein. The police team recovered/seized 4.5 liters of foreign liquor and the said Ravi Kumar was arrested. Subsequently the petitioner also came into the judicial custody and he is in jail since 14.09.2021 (as stated in para-13 of the bail application).

Patna High Court CR. MISC. No.70875 of 2021(2) dt.25-05-2022 2/3 Learned counsel for the petitioner submits that nothing has been recovered/seized from his conscious possession, his name has been cropped up on the confessional statement of Ravi Kumar, he is in jail since 14.09.2021 and is a young boy and as such he may be granted the privilege of bail. Considering the fact that the petitioner is young boy of 22 years and has not been arrested from the place of occurrence and/or anything recovered from his conscious possession and is in jail since 14.09.2021, this Court is inclined to grant him privilege of bail with certain conditions. Let the petitioner be released on bail on furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount each in connection with Special Case No.6728/2020 arises out of Punpun P.S. Case No.268/2020 to the satisfaction of learned Special Judge, Excise, Patna, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his

Patna High Court CR. MISC. No.70875 of 2021(2) dt.25-05-2022 3/3 bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T