Jay Kumar @ Jai Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75515 of 2019 Arising Out of PS. Case No.-665 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Jay Kumar @ Jai Kumar Son of Arun Kumar, Resident of Village-Manikpur, P.S.-Saraiya, District-Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Saraiya P.S. Case No. 665 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submits that the petitioner has no concern with the seized liquor and the illicit liquor has not been recovered from the house of the petitioner, and he is in custody since 04.10.2019 having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No.75515 of 2019(2) dt.26-11-2019 2/2 wherein it is the submission of learned counsel for the petitioner that the illicit liquor has not been recovered from the house of the petitioner, he has no criminal antecedent and he is in custody since 04.10.2019, let the petitioner above named be released on bail in connection with Saraiya P.S. Case No. 665 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) ved/- U T