Golu Kumar Kasera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84939 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== GOLU KUMAR KASERA Son of Late Harendra Kumar Kasera R/o Thatheri Bazar, Dumraon, P.S.- Dumraon, Distt- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 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 Buxar (Muffasil) Excise Case No. 206(O)/2019 registered under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner being driver of the pick-up van has been falsely implicated in this case only because he refused to transport certain articles at the instance of the excise officials. Learned counsel submits that petitioner has no criminal antecedent and he is in custody since 21.10.2019.

Patna High Court CR. MISC. No.84939 of 2019(2) dt.09-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner that the petitioner being driver of the pick-up van has been falsely implicated in this case only because he refused to transport certain articles at the instance of the excise officials, further that the petitioner has no criminal antecedent and has remained in custody since 21.10.2019, let the petitioner, on completion of three months period of custody, 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 A.D.J. - II - cum - Special Judge, Excise Act, Buxar, in connection with Buxar (Muffasil) Excise Case No. 206(O)/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,

Patna High Court CR. MISC. No.84939 of 2019(2) dt.09-01-2020 3/3 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