Anuj Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2622 of 2020 Arising Out of PS. Case No.-723 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Anuj Kumar Verma (Male), aged about 40 years, Son of Late Ishwar Prasad Poddar Resident of Village - Barhi, Police Station - Barhi, DistrictHazaribagh, State- Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. In this case, the petitioner is seeking bail in connection with Excise Case No. 723 of 2019 registered for offences under sections 30(a) (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, the police has intercepted a four-wheeler from which 560 liters of spirit has been recovered.

Learned counsel for the petitioner submits that it was not liquor rather the same was spirit and the petitioner is languishing in judicial custody since 14.11.2019. He further submits that the petitioner is the owner of the vehicle and he

Patna High Court CR. MISC. No.2622 of 2020(4) dt.11-06-2020 2/2 was not in the vehicle at the time of occurrence. The petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail petition. Looking to the period of custody as also considering the entire facts and circumstances of the case, let the petitioner, above named, 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 learned Special Judge, Excise, Gaya in connection with Excise Case No.

723 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) rishi/- U T