Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64504 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Bikram Kumar S/O Rambabu Sah Rsident Of Village Batauwa, PsShikarganj, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dhaka P.S. Case No. 434 of 2023 lodged under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, total recovery of 207 liters of Nepali liquor has been subject matter of the present case.

4. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 01.08.2023 Counsel further submits that charge sheet has already been submitted against the petitioenr.

5. Learned counsel for the State opposes the prayer for bail but admits that there is no other criminal antecedent.

Patna High Court CR. MISC. No.64504 of 2023(2) dt.11-10-2023 2/3

6. 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 Court No.I, Motihari, East Champaran, in connection with Dhaka P.S. Case No.434/2023, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any

Patna High Court CR. MISC. No.64504 of 2023(2) dt.11-10-2023 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T