Praveen Kumar vs The State Of Bihar on 16 June, 2022

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Patna High Court - Orders

Praveen Kumar vs The State Of Bihar on 16 June, 2022

Bench: Alok Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.3517 of 2022
                     Arising Out of PS. Case No.-60 Year-2021 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 PRAVEEN KUMAR S/o Tajendra Prasad Singh Resident of Village and P.O.-
                 Keotsa, P.S.- Gaighat, District- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ajay Kumar Thakur
                                                  with Ms. Vaishnavi Singh, Advocates
                 For the State           :        Mr. Nand Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   16-06-2022

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 APP for the state.

The petitioner seeks regular bail in connection with Gaighat Town P.S. Case No. 60 of 2021, registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 45 litres of foreign liquor from the said Scorpio in question and on the statement of co-accused Mandeep Kumar Singh @ Sonu, the name of the present petitioner has been transpired.

Learned counsel for the petitioner has submitted that Patna High Court CR. MISC. No.3517 of 2022(2) dt.16-06-2022 2/3 petitioner is in custody since 02.11.2021. He further submits that petitioner bears criminal antecedent of one case in which he is on bail. As per provision of 100 Cr.P.C., seizure list was not made. He was neither driver nor the owner of the said vehicle. He further submits that co-accused Mandeep Kumar Singh @ Sonu Singh and Abhishek Kumar Singh @ Robin Kumar who has been apprehended from the spot has already been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 31448 of 2021 and Cr. Misc. No. 37770 of 2021. The petitioner is not apprehended on spot.

The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody, 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, Muzaffarpur, in connection with Gaighat P.S. Case No. 60 of 2021, subject to following condition:

(i) The petitioner shall be released after framing of charge.

(ii) One of the surety shall be either father or mother Patna High Court CR. MISC. No.3517 of 2022(2) dt.16-06-2022 3/3 or sister or brother or wife or the person who sworn the affidavit in bail application.

(iii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/-

U      T

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Patna High Court - Orders