Nirbhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1066 of 2020 Arising Out of PS. Case No.-277 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== NIRBHAY KUMAR SINGH Son of Parmeshwar Singh Resident of Mohalla - Mabul Bagan Kumardhubi, P.S. - Chirkunda (Gulferbari O.P.), District - Dhanbad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== 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 Section 30(a) of Bihar Prohibition of Excise Act, 2016.

Allegation is recovery of 990 litres of country made liquor from the pickup van which was being driven by the petitioner.

It has been submitted on behalf of petitioner that petitioner is driver of the vehicle and he was not aware that the illicit liquor is kept in the vehicle. Petitioner has no criminal antecedent and is in custody since 08.12.2019. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.1066 of 2020(2) dt.20-01-2020 2/2 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 Excise Case No. 277/2019 subject to the conditions that:-

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

(2) Petitioner shall cooperate 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