Tulsi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1720 of 2022 Arising Out of PS. Case No.-421 Year-2021 Thana- DHANARUA District- Patna ====================================================== Tulsi Kumar Son Of Anil Kumar Resident Of Village - Belauna, P.S.- Bhagwanganj, Distt.- Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chakrapani, Advocate Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 04-04-2022 The applicant is given out of turn hearing on the basis of ailment of his wife which is not disputed by the other side. The applicant is accused in Crime No. 421 of 2021 registered with Dhanarua Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. By this application he is seeking his release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

It is case of the prosecution that during routine checking, police accosted a four wheeler vehicle of Maruti Mac. That Alto Car were ultimately found to be containing

Patna High Court CR. MISC. No.1720 of 2022(3) dt.04-04-2022 2/3 more than 132 liters of illicit liquor. The inmates of that car managed to flee away. According to the prosecution case, the applicant has purchased the said car on the basis of agreement. Investigation of the subject crime is over. The applicant is not having any criminal antecedent. Hence, I see no reason to refuse bail to him and, therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 421 of 2021 registered with Dhanarua Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat

Patna High Court CR. MISC. No.1720 of 2022(3) dt.04-04-2022 3/3 commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T