Sakaldeo Kumar @ Sakaldeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5729 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== SAKALDEO KUMAR @ SAKALDEEP KUMAR S/O BIJENDRA MEHRA, Resident of Village- Gamel, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Excise Complaint Case No. 301 of 2022, registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner has submitted that the petitioner is driver of the vehicle wherefrom 1072.080 litres of illicit foreign liquor was recovered. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is under custody since 14th of December, 2022. He is merely driver of the vehicle and he was not aware with the consignment loaded on

Patna High Court CR. MISC. No.5729 of 2023(2) dt.29-04-2023 2/2 his vehicle.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V, Banka in connection with Excise Complaint Case No. 301 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T