Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13900 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SUNIL KUMAR Son of Raj Kumar Resident of Jashveer Colony, Nawada, Ward No. 02, Kila Chauki, P.S.- Sadar, District- Panipat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mohania P.S. Case No. 334 of 2020 corresponding to Excise Case No. 802 of 2020, registered for the offence punishable punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code and section 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act, 2018. On secret information a truck was intercepted and on search, 7173.2 litres of foreign liquor has been recovered and this petitioner who was driving the truck was apprehended on the spot.

Patna High Court CR. MISC. No.13900 of 2021(2) dt.01-07-2021 2/3 It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment. Petitioner has no concern with the seized liquor. Petitioner is in custody since 21.10.2020. Investigation is complete.

Considering the fact that no recovery has been made from conscious possession of the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 334 of 2020 corresponding to Excise Case No. 802 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.13900 of 2021(2) dt.01-07-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T