Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1707 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

ADARSH KUMAR Son of Dagi Ray @ Degi Ray Resident of Village - Rupaswaj, P.S.- Bachhawara, District - Begusarai. 2.

Shyam Kumar Son of Raj Kumar Ray Resident of Village - Rupaswaj, P.S.- Bachhawara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners in the present case are seeking regular bail in connection with Teghra P.S. Case No. 378 of 2019 registered under Sections 414 of the Indian Penal Code and 30(a) of Bihar Prohibition & Excise Act, 2016. Learned counsel for the petitioner submits that the petitioners had got injured in an accident which took place while the Tempo was fleeing away on chase by police and the recovery of illicit liquor has been made from the said Tempo which does not belong to these petitioners. Learned counsel submits that these petitioners have got no criminal

Patna High Court CR. MISC. No.1707 of 2020(2) dt.14-01-2020 2/3 antecedent and they are in custody since 05.11.2019, the investigation against them is complete.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that in fact the petitioner had got injured in the accident which took place while the Tempo was fleeing away on chase by police and that the recovery of illicit liquor has been made from the said Tempo which does not belong to these petitioners and that these petitioners have got no criminal antecedent and the petitioners are in custody since 05.11.2019, the investigation against them is complete, let the above-named petitioners 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 Additional Sessions Judge 2nd - cum - Special Judge (Excise Act), Begusarai, in connection with Teghra P.S. Case No. 378 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

Patna High Court CR. MISC. No.1707 of 2020(2) dt.14-01-2020 3/3 (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) Rajeev/- U T