JITAN KUMAR v. MUZAFFARPUR
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Anjana Mr.Kanhaiya Kishore (App.100) ORAL ORDER 2 15-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Kudhani (Turki O.P.) P.S. Case No. 731 of 2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. As per prosecution case, there is alleged recovery of 176.7 litre foreign liquor from tempo in question and the said tempo was being driven by the petitioner and he was caught by the police on chase. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.13766 of 2022(2) dt.15-07-2022 petitioner is in custody since 28.09.2021 and bears no criminal antecedent.
Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner has falsely been implicated in this case by the police merely on suspicion. The learned A.P.P. for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No. II, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 731 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will Patna High Court CR. MISC. No.13766 of 2022(2) dt.15-07-2022 remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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. (Alok Kumar Pandey, J) shahzad/- U T
Precedent status how later indexed judgments have treated this case
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