Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1069 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== AMIT KUMAR Son of Rajeshwar Singh, Resident of Village- Ramnagar, Churaman, P.S. - Kesariya, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Pandey,Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Special Case No. 252 of 2021, arising out of Bahadurganj P.S. Case No. 202 of 2021 registered for offence punishable under sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and sections 30 (a), 36, 41 (1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The learned counsel for the petitioner has submitted that it is evident from the FIR itself that the petitioner Amit

Patna High Court CR. MISC. No.1069 of 2022(2) dt.02-06-2022 2/3 Kumar is Cleaner (Khalasi) of the truck wherefrom illicit wine was recovered. He has submitted further that the petitioner is a person of clean antecedent and he is under custody since 13.07.2021.

Considering the clean antecedent as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum-Special Judge, Kishanganj in connection with Special Case No. 252 of 2021, arising out of Bahadurganj P.S. Case No. 202 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) 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 accordance with law.

Patna High Court CR. MISC. No.1069 of 2022(2) dt.02-06-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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