Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 985 of 2020 Arising Out of PS Case No.-116 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== Raushan Kumar, aged about 21 years (Male) Son of Radha Mohan Gupta, Resident of Village - Jhanjharpur, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khutauna PS Case No. 116 of 2019 dated 17.11.2019 instituted under Sections 279, 337, 338, 272, 273 and 353 of the Indian Penal Code and 30(a0 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and three others is that from the Bolero vehicle he was driving, 405 litres of Nepali countrymade wine was recovered.

4. Leaned counsel for the petitioner submitted that he was only the driver of the vehicle and had no connection with the materials which were present in the vehicle. It was further

Patna High Court CR. MISC. No.985 of 2020 dt.19-03-2020 2/3 submitted that the petitioner has no other criminal antecedent and is in custody since 17.11.2019.

5. Learned App, from the case diary, could not controvert the aforesaid submissions of learned counsel for the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge (Excise) Act, Madhubani in Khutauna PS Case No. 116 of 2019.

7. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

Patna High Court CR. MISC. No.985 of 2020 dt.19-03-2020 3/3

8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T