Sudhanshu Kumar @ Moti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1033 of 2020 Arising Out of PS. Case No.-180 Year-2019 Thana- PIYAR District- Muzaffarpur ====================================================== SUDHANSHU KUMAR @ MOTI S/o - Ramlalit Singh Resident of VillageSundarpur, Ratwara, P.S.- Piar, (Halai O.P.), Distt- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and 30(A), 34, 35 and 41 of the Bihar Prohibition and Excise Act. Petitioner had earlier moved this Court for anticipatory bail vide Cr. Misc. No. 76943 of 2019 which was dismissed as withdrawn on 18.12.2019.

Allegation is recovery of 380.79 litres of foreign liquor from the possession of petitioner.

It has been submitted on behalf of petitioner that recovery has been made from the house and pick up van of coaccused Ranjeet Ram and only on his disclosure the petitioner has been implicated in this case. Nothing has been recovered from the possession of petitioner. Similarly placed co-accused,

Patna High Court CR. MISC. No.1033 of 2020(2) dt.20-01-2020 2/2 namely, Brajesh Kumar @ Mona has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.12.2019 passed in Cr. Misc. No. 76084 of 2019.Petitioner is in custody since 23.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Piar P.S. Case No. 180 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T