Arbind Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1852 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Arbind Kumar Bhagat Son of Ram Krishna Bhagat R/o Village - Hathua Bujurg, P.S.- Hathua, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Nautan P.S. Case No.195 of 2023, lodged on 14.10.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, recovery of 370.620 liters of foreign liquor is subject matter of the case.
4. Learned counsel for the petitioner submits that the said recovery has been made in Maruti Suzuki Brezza Car. Counsel submits that the petitioner is alleged to have been apprehended from the car. Counsel further submits that the petitioner is not the owner of the car. His antecedent is clean and he is in custody since 15.10.2023. Charge sheet has already
Patna High Court CR. MISC. No.1852 of 2024(2) dt.24-01-2024 2/3 been filed.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court No.II, Siwan, in connection with Nautan P.S. Case No.195 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member 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 and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.1852 of 2024(2) dt.24-01-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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 the bail bonds. (Dr. Anshuman, J) Mkr./- U T