Patna High CourtCR. MISC./82586/2019bail granted

Satendra Kumar v. The State Of Bihar

2019-12-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82586 of 2019 Arising Out of PS. Case No.-376 Year-2019 Thana- TEKARI District- Gaya ====================================================== SATENDRA KUMAR S/o Late Raghunandan Yadav R/o village- Ismile Balwapar, P.S.- Tekari, District- Gaya ... Petitioner

Versus

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

For the Petitioner :

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

Mr.Ramesh Chandra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act, 2016.

24 liters country made liquor was recovered kept in a bag being carried by the petitioner on his motorcycle. Petitioner was arrested at the spot.

Learned counsel for the petitioner submits that he has got no criminal antecedent. Mandatory provisions of section 100 Cr.P.C. has not been followed for search and seizure. Petitioner is in custody since 17.10.2019, though nothing incriminating has been recovered from his conscious possession. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Special Judge,Excise, Gaya in Tekari Police Station Case No. 376 of 2019, on the following conditions:-

Patna High Court CR. MISC. No.82586 of 2019(2) dt.12-12-2019 2/2

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T