Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68575 of 2019 Arising Out of PS. Case No.-803 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== AMIT KUMAR Son of Suresh Prasad Singh @ Suresh Kumar Singh Resident of Bocha Chack Phulwari Sharif P.S.- Phulwari Sharif, District- Patna, Bihar. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Phulwari Sharif P.S. Case No. 803/2019 registered under Sections 414, 467, 468, 420, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case, recovery of illicit liquor has been made from a car but the petitioner was not present in the said car, however petitioner is in custody since 23.08.2019 having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.68575 of 2019(2) dt.04-12-2019 2/3 Considering the facts and circumstances of the case wherein the recovery of illicit liquor has been made from the Car but the petitioner was not present in the said Car and the allegation that he was following the Car by a Motorcycle and that the petitioner has no criminal antecedent and he is in custody since 23.08.2019 and the investigation is complete, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Phulwari Sharif P.S. Case No. 803/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

Patna High Court CR. MISC. No.68575 of 2019(2) dt.04-12-2019 3/3 from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T