Pintu Kumar @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66208 of 2023 Arising Out of PS. Case No.-883 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Pintu Kumar @ Subodh Kumar Son of Shibu Yadav Village- (KATHODIH) Kattha Bigha, PS- Fatehpur, Distt.- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 883/2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, there was alleged recovery of 139.575 liters foreign liquor from the Tempo in question and the petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner has nothing to do with the alleged occurrence and nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in

Patna High Court CR. MISC. No.66208 of 2023(5) dt.23-01-2024 2/3 custody since 21.08.2023. Learned counsel for the petitioner submits through supplementary affidavit the petitioner bears criminal antecedent of one case in which he is on bail. He further submits that the petitioner was neither owner nor driver of the said Tempo in question. He further submits that the petitioner has not concerned with the alleged seized liquor and seizure list has not been prepared as per the law. He orally submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge cum Exclusive Special Excise Court No.1, Gaya in connection with Muffasil P.S. Case No. 883/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.66208 of 2023(5) dt.23-01-2024 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T