Pintu Kumar @ Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75182 of 2022 Arising Out of PS. Case No.-259 Year-2022 Thana- ATRI District- Gaya ====================================================== Pintu Kumar @ Pintu Yadav S/O Sri Dasharath Yadav Resident Of VillageKaramchak, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Atri P.S. Case No. 259 of 2022 for the offence registered under sections 30(a) of the Bihar Prohibition & Excise Act 2018.

As per the prosecution story, the police upon information reached the house of the present petitioner and the co-accused persons escaped. Further, upon search from thatched house of the present petitioner, altogether 80 liters of country made Mahua liquor was/ were and recovered/seized in a two plastic gallons. Accordingly, FIR has been lodged. The case of the petitioner is / are that:

(i) eighty liter country made Mahua wine has

Patna High Court CR. MISC. No.75182 of 2022(2) dt.03-02-2023 2/3 been recovered from the thatched house of the petitioner; (ii) the petitioner lives in joint house and is not the Mukhiya of that house;

(iii) the entire article has been recovered from abundant house which is on the open place are away from his residential house.

Learned APP opposes the prayer for bail of the petitioner.

Taking into account the fact that it is a thatched house as submitted by the learned counsel for the petitioner and is jointly owned by his family members, the petitioner do not have criminal antecedent, this court is inclined to extend him privilege of anticipatory bail with conditions. Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Gaya in connection with Atri P.S. Case No. 259 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of

Patna High Court CR. MISC. No.75182 of 2022(2) dt.03-02-2023 3/3 the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iii) 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 bond by the Trial Court itself;

(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(v) the petitioner shall in no way try to induce or 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;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) N.K/- U T