Badal Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76081 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- ROSERA District- Samastipur ====================================================== BADAL KUMAR @ AMIT KUMAR, Male, aged about 21 years, Son of Late Narayan Das Resident of Village - Paghari, P.S.- Baheri, DistrictDarbhanga (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Rosera P.S. Case No. 214 of 2019 registered under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the quantity of illicit liquor allegedly recovered from the possession of the petitioner, he has remained in custody since 28.07.2019 and had no criminal antecedent prior to this case.

Patna High Court CR. MISC. No.76081 of 2019(2) dt.26-11-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the quantity of illicit liquor allegedly recovered from the possession of the petitioner, he has remained in custody since 28.07.2019 and had no criminal antecedent prior to this case, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge - cum - Special Judge, Excise, Samastipur, in connection with Rosera P.S. Case No. 214 of 2019, 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.76081 of 2019(2) dt.26-11-2019 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) Rajeev/- U T