Bipin Kumar Singh @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63412 of 2022 Arising Out of PS. Case No.-804 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== BIPIN KUMAR SINGH @ BIPIN KUMAR Son of Awadhesh Singh R/vBishunpur, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Singh, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Ara Nawada P.S. Case No.804 of 2022 instituted under Sections 30(a) of Bihar Prohibition & Excise Amendment Act, 2018.
As per the FIR, the police tried to intercept a motorcycle and although one accused was apprehended the other threw his bag and escaped, the apprehended person named him as the petitioner herein. As his mark-sheet was present in the bag, the FIR was lodged.
As per the petition, the petitioner is a student, do not have criminal antecedent and he had just taken lift from his friend little realizing that the others are carrying liquor. The recovery/seizure is of 380 ml.
Patna High Court CR. MISC. No.63412 of 2022(3) dt.31-01-2023 2/3 Considering the aforesaid facts, this Court is inclined to grant him privilege of anticipatory bail with certain conditions.
Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Ara Nawada P.S. Case No.804 of 2022 to the satisfaction of learned Special Judge Excise, Bhojpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner will make himself available to the police as and when required in course of investigation; (iii) 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/her bail bond by the Trial court itself;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark
Patna High Court CR. MISC. No.63412 of 2022(3) dt.31-01-2023 3/3 attendance;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T