Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84048 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- KOPA District- Saran ====================================================== Prince Kumar Son of Dhurendhar Ray Resident of Village - Purwi Dahiyawa Mission Road, P.S. - Nagar, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Kopa P.S. Case No. 152 of 2024 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2018 lodged on 23.08.2024 by the informant, Kumari Sheela.
3. As per the prosecution story, the informant alleged that in course of vehicle checking, a tempo was intercepted and there is recovery/seizure of 200 liter country made Mahua, which led to the FIR, arrest.
4. It is the case of the petitioner that the alleged recovered tempo does not belong to him, he is in custody since 24.08.2024 and if granted bail, will be appearing in trial.
5. Learned APP opposes the prayer for bail.
6. Taking into account the aforesaid submissions as
Patna High Court CR. MISC. No.84048 of 2024(2) dt.10-12-2024 2/3 also the fact that the alleged vehicle does not belong to him, is in custody since 24.08.2024, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Court of 3rd Exclusive Special Excise Court, Saran at Chapra in connection with Kopa P.S. Case No. 152 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/her bona fide;
(ii) 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;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) 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
Patna High Court CR. MISC. No.84048 of 2024(2) dt.10-12-2024 3/3 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 his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T