Puspendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66317 of 2023 Arising Out of PS. Case No.-372 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Puspendra Kumar, S/o- Yugul yadav @ Jugual Yadav R/o- vill and P.osihorawa, P.S.-jadopur, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Ranjan, Advocate For the State :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kuchaikote P.S. Case No. 372 of 2023, lodged on 22.07.2023 under Sections 30(a)/37 of the Bihar Prohibition and Excise Amendment Act 2018.

3. As per the prosecution case, total recovery of 87 litres of the country made liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is only recovery of 47 litres of country made liquor. He submits that the petitioner is innocent and has committed no offence. He also submits that the petitioner is a labour and he was asked to remove the bag from

Patna High Court CR. MISC. No.66317 of 2023(2) dt.16-10-2023 2/3 one place to another. He further submits that the antecedent of the petitioner is clean and he is in custody since 23.07.2023 and is completely unaware of what is present in the said bag.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that antecedent of the petitioner is clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV-cum-Exclusive Spl. Excise Court-II, DistrictGopalganj in connection with Kuchaikote P.S. Case No. 372 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) 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 bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.66317 of 2023(2) dt.16-10-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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. (Dr. Anshuman, J.) Divyansh/- U T