Aditya Kumar @ Phucho v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71155 of 2024 Arising Out of PS. Case No.-260 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Aditya Kumar @ Phucho Son of Ram Subhag Singh Resident of Village - Moktiyarpur, P.S. - Bhagwanpur, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Khodawandpur P.S. Case No. 260 of 2022 dated 05.09.2022 registered for the offences punishable u/s 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 30(a), 32 (i) (ii), 36 and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 5392.44 of illicit foreign liquor was recovered from the Truck, Xylo Car and Pick-up van.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.71155 of 2024(2) dt.26-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The other co-accused person has already been granted bail by this court vide order dated 05.07.2024 passed in Cr. Misc. No. 20682/2024. The petitioner has five criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Khodawandpur P.S. Case No. 260 of 2022, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.71155 of 2024(2) dt.26-09-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T