Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74955 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Upendra Kumar, Son Birendra Mahto R/o vill - Gamahariya, P.S. - Nautan, Distt. - Gopalganj ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Yadopur P.S. Case No. 229 of 2023, lodged on 23.09.2023 under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, total 360 litres of country made liquor has been recovered in which 18 litres of country made liquor has been recovered from the plastic gunny bag of the present petitioner and 342 litres of country made liquor has been recovered from a boat.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that 342 litres of country made liquor has been

Patna High Court CR. MISC. No.74955 of 2023(2) dt.29-11-2023 2/3 recovered from a boat which does not belongs to the petitioner. Counsel further submits that from the contents of the FIR, it transpires that the petitioner fled away from the place of occurrence with one bag in which 18 litres of country made liquor was subject to there which the police has recovered from a public place near a bridge and not directly from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 23.09.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. 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 Sessions Judge-IIcum-Spl. Judge, Excise Court No.1, Gopalganj in connection with Yadopur P.S. Case No. 229 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

Patna High Court CR. MISC. No.74955 of 2023(2) dt.29-11-2023 3/3 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 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