Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9493 of 2019 Arising Out of PS. Case No.-832 Year-2018 Thana- ARARIA District- Araria ====================================================== Sujit Kumar Male, aged about 24 years Son of- Shree Sukdeo Roy Resident of village-Kali Bazar, Magistrate Colony, Ward No.-23, P.S.- Araria DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 1486 of 2018 arising out of Araria P.S. Case No. 832 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 2880 bottles of cough syrup of 100 ml each from TATA Magic van.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is neither the driver nor the owner of the vehicle. He is the passenger in the said vehicle. Nothing has

Patna High Court Cr.Misc. No.9493 of 2019(3) dt.21-02-2019 2/3 been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 26.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Special Case No. 1486 of 2018 arising out of Araria P.S. Case No. 832 of 2018, with following conditions:- (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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.9493 of 2019(3) dt.21-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U