Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78060 of 2024 Arising Out of PS. Case No.-477 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Kundan Kumar Son of Sanjit Manjhi Resident of Village- Lodipur, P.S.- Punpun, District- Patna- 804453 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satrudhan Kumar, Advocate For the State :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-11-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Gaurichak P.S. Case No. 477 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, lodged on 04.09.2024 by the informant, Bimlesh Kumar.
3. As per the prosecution story, the informant alleged that upon confidential information a motorcycle was intercepted and recovery/seizure of 100 liters of country made liquor, this led to the F.I.R/arrest.
4. Learned counsel for the petitioner submits that the motorcycle does not belong to him, he was a mere passers by, implicated in this case. Further, he do not have criminal antecedent and is in custody since 05.09.2024 (paragraph no.9
Patna High Court CR. MISC. No.78060 of 2024(2) dt.12-11-2024 2/3 of the petition).
5. Learned APP for the State opposes the prayer.
6. Taking into account the aforesaid facts as also that he do not have criminal antecedents and is in custody since 05.09.2024, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special JudgeExcise, Patna City, in connection with Gaurichak P.S. Case No. 477 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative 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 failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in now way try to induce or
Patna High Court CR. MISC. No.78060 of 2024(2) dt.12-11-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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 bail bonds. (Rajiv Roy, J) vinayak/- U T