Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77119 of 2019 Arising Out of PS. Case No.-629 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== Bittu Kumar, aged about 20 years, Male, Son of Rajeshwar Prasad @ Rajesh Kumar Rai Resident of Mohalla- Daud Bigha, Bhootnath Road, Kumhrar, P.S.- Agamkuan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan Prasad No. 1, Adv.

Mr. Vijay Prakash Bhargava, Adv.

Ms. Binita Singh, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Special Case No. 6076 of 2019 (Agamkuan P.S. Case No. 629 of 2019) registered for offences under sections 30(a)(b), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per allegation, the police has recovered 300 liters of illegal country made Mahua from the possession of the petitioner.

The petitioner is in custody since 09.07.2019. Looking to the period of custody, let the petitioner,

Patna High Court CR. MISC. No.77119 of 2019(2) dt.27-11-2019 2/2 above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in connection with Special Case No. 6076 of 2019 (Agamkuan P.S. Case No. 629 of 2019), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Agamkuan police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T