Shital Vind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85370 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== SHITAL VIND Son of Shivpujan Vind R/o Beldariya, P.S.- Chanan, DistrictLakhisarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in this case is seeking regular bail in connection with Chanan P.S. Case No. 131 of 2019 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the petitioner was apprehended with the motorcycle from which allegedly Mahua liquor contained in a gallon was recovered. It is submitted that the motorcycle in question does not belong to the petitioner and the petitioner was not aware of the mahua liquor kept in gallon. The petitioner is in custody since 21.09.2019 having no criminal antecedent.

Learned APP has opposed the prayer for regular bail

Patna High Court CR. MISC. No.85370 of 2019(2) dt.09-01-2020 2/3 of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the motorcycle in question does not belong to him and he was not aware of the fact that allegedly Mahua wine was there in the gallon which was being transported on the motorcycle which the petitioner was driving, the petitioner has remained in custody since 21.09.2019, he has no criminal antecedent and the investigation against him is complete, let the petitioner above named be released on bail in connection with Chanan P.S. Case No. 131 of 2019 on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.II-cum-Spl. Judge, Excise, Lakhisarai, 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

Patna High Court CR. MISC. No.85370 of 2019(2) dt.09-01-2020 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

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