Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60341 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Karan Kumar, S/o Mahesh Manjhi, R/o Shyam Mandir Mushari, P.S.- Bahadurpur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra, Advocate For the Opposite Party/s:

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Bahadurpur P.S. Case No. 276 of 2022 registered for the alleged offences under Sections 30(a), 32(2)(3), 36 and 41(1)(2) of the Bihar Prohibition and Excise Act. As per prosecution case, recovery of 20 litres of country made liquor was made from a plastic bag of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.60341 of 2022(2) dt.02-12-2022 2/2 possession of the petitioner. The petitioner is in custody since 26.08.2022 and charge-sheet has been submitted. Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Patna City in connection with Bahadurpur P.S. Case No. 276 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. himanshu/- (Arun Kumar Jha, J) U T