Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81229 of 2024 Arising Out of PS. Case No.-772 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Satish Kumar Son of Vijay Prasad R/o- Village-Kathautiya Kewal (Gurpa), P.S.-Gurpa, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the State :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-11-2024 No one appears on behalf of the petitioner though learned APP for the State is present.
2. The petitioner is in judicial custody in connection with Wazirganj P.S. Case No. 772 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, lodged on 15.10.2024 by the informant, Arvind Prasad Yadav.
3. As per the prosecution story, the informant alleged that in course of the patrolling, upon secret information, intercepted a Hyundai Car and there is recovery/seizure of 250 liters of country made liquor, this led to the F.I.R.
4. As per the bail petition, the petitioner does not own the Hyundai Car, only because of his presence and one criminal antecedent, implicated. As per the petition, he is in
Patna High Court CR. MISC. No.81229 of 2024(2) dt.27-11-2024 2/3 custody since 16.10.2024 (paragraph no.4 of the petition).
5. Learned APP for the State opposes the prayer submitting that when the car was intercepted he was also present in the car.
6. Considering the aforesaid facts as also that he is in custody since 16.10.2024, F.I.R. lodged, he will be facing the Trials, 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 Exclusive Special Excise Court No.-V, Gaya in connection with Wazirganj P.S. Case No. 772 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
Patna High Court CR. MISC. No.81229 of 2024(2) dt.27-11-2024 3/3 attendance;
(iv) the petitioner shall in now 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;
(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