Appu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70773 of 2019 Arising Out of PS. Case No.-481 Year-2019 Thana- PATNA GRP CASE District- Patna ====================================================== Appu Kumar, aged about 25 years, Male, Son of Shambhu Prasad Resident of Hansepur, P.S-Aungari (Pirbigha O.P.), District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-11-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 481 of 2019 dated 25.08.2019 registered at Police Station Rail, District-Patna under Section 273 of the Indian Penal Code and Section 30(a) of Bihar Excise Act, 2018. I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.

Allegedly 15.750 liters mahua wine was recovered. It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; and is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence, as also that he is behind bars since

Patna High Court CR. MISC. No.70773 of 2019(2) dt.20-11-2019 2/3 26.08.2019. At this stage petitioner is not required for investigation.

Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No.7649 of 2019 arising out of Rail P.S.Patna Jn.(Patna Saheb) P.S.Case No.481 of 2019 on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court CR. MISC. No.70773 of 2019(2) dt.20-11-2019 3/3 State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) B.Kr./- U T