Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1417 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Karan Kumar, Son of Vishwanath Mahto @ Behind Mahto, Resident of Village-Bhatauna, P.S.-Karja, District-Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Karja P.S. Case No. 224 of 2021 registered for the offences punishable under Section 272/273/34 of the Indian Penal Code and Section 30 (A) of Bihar Prohibition and Excise Act. He is in custody since 09.11.2021 and has one criminal antecedent in which he is said to be on bail. Learned counsel for the petitioner submits that as per the prosecution story, the informant along with other police personnel on secret information reached village Narhar Sarai Mushar Tola where on seeing the policy party, 10-12 men and
Patna High Court CR. MISC. No.1417 of 2022(2) dt.16-06-2022 2/3 women started fleeing away but four of them including this petitioner got apprehended and they also disclosed the name of other escaped accused persons. On search of the thatched house and behind the hut, total 30 liters of illicit liquor was recovered. Thereafter the informant proceeded for raiding other places from where recovery was also made.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged recovery of illicit liquor is not from the conscious possession of the petitioner. The petitioner has remained in custody since 09.11.2021. Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the submission that the recovery is behind the thatched house and not from the conscious possession of the petitioner, petitioner is in custody since 09.11.2021, he has one criminal antecedent in which he is said to be on bail, investigation against him is complete and his presence may also be secured in course of trial, therefore, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.1417 of 2022(2) dt.16-06-2022 3/3 satisfaction of learned Special judge, Excise, Muzaffarpur in connection with Karja P.S. Case No. 224 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: the ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during pandemic period all concerned shall act on the basis of the copy of the order uploaded on the high court website under the heading 'judicial orders passed during the pandemic period'.