Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4480 of 2019 Arising Out of PS. Case No.-210 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== PAWAN KUMAR Kishanlal Tanti @ Kishan lal Resident of Village- Ward No. 7, Bhori, Bhori (35), P.S.- Ateli, District - Mahendra Garh (Hariyana). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Dumariyaghat P.S. Case No. 210 of 2018 registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 1453.680 litres of foreign liquor kept in cartoon from the truck.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of petitioner. Petitioner happens to be the driver has no concern and knowledge about the alleged liquor. Similarly placed co-

Patna High Court CR. MISC. No.4480 of 2019(3) dt.06-03-2019 2/3 accused, namely, Billu Yogi has been granted bail by a coordinate Bench of this Court vide order dated 04.02.2019 passed in Cr. Misc. No. 5867 of 2019. Petitioner has no criminal antecedent and he is in custody since 09.12.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran, in connection with Dumariyaghat P.S. Case No. 210 of 2018 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

Patna High Court CR. MISC. No.4480 of 2019(3) dt.06-03-2019 3/3 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