Pintu Kumar @ Pintu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71025 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- ALIPUR District- Gaya ====================================================== PINTU KUMAR @ PINTU SINGH SON OF SARJUN SINGH @ SARJUN SHARMA RESIDENT OF VILLAGE- NIMSAR, P.S.- ALIPUR, DISTRICTGAYA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priya Ranjan, Adv For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Alipur P.S. Case No. 129 of 2023 registered on 11.09.2023 lodged under Sections 30(a)of the Bihar Prohibition and Excise Act (Amendment), 2018.
3. As per the prosecution case, recovery of 43.50 litre of country made liquor is the subject matter of this case.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that on the secret information raid was conducted and recovery has been made. Moreover, petitioner is residing in joint house. He further submits that petitioner is in custody since 12.09.2023 having
Patna High Court CR. MISC. No.71025 of 2023(2) dt.07-11-2023 2/3 clean antecedent.
5. Learned counsel for the State opposes the prayer for bail.
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 Court of Exclusive Special Judge Excise Court No. 2, Gaya in connection with Alipur P.S. Case No. 129 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(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;
(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
Patna High Court CR. MISC. No.71025 of 2023(2) dt.07-11-2023 3/3 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.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) Sunnykr/- U T