Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72538 of 2021 Arising Out of PS. Case No.-561 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== ABHISHEK KUMAR Son of Ashok Ray @ Ashok Kumar Resident of Village- Murgiyachak Kutupur, P.S.- Bhagwanpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 30(a), 36 and 41(1)of the Bihar Prohibition and Excise Act, registered in connection with Begusarai Town P.S.Case No. 561 of 2021.

The learned counsel for the petitioner has submitted that the petitioner is a truck driver wherefrom 1566 litres of

Patna High Court CR. MISC. No.72538 of 2021(2) dt.30-05-2022 2/3 liquor was recovered. He has submitted further that the petitioner is merley a driver being not concerned with the consignment loaded on the truck. He is a person of clean antecedents and is in custody since 16.09.2021. Considering the above facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Special Judge, Excise Act, Begusarai in connection with Town P.S.Case No. 561 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in

Patna High Court CR. MISC. No.72538 of 2021(2) dt.30-05-2022 3/3 accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T