Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4612 of 2020 Arising Out of PS. Case No.-456 Year-2019 Thana- RAHUI District- Nalanda ====================================================== BABLOO KUMAR Son of Late Manoj Yadav Resident of Village - Khashganj (Pandit Tola), P.S.- Sohsarai, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 37(b) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 70 litres of sprit from back seat of tempo and petitioner who was driver of said tempo was found in intoxicated condition.

It has been submitted that petitioner is driver of said tempo and nothing was recovered from his conscious possession. Petitioner has no criminal antecedent and he is in custody since 14.12.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like

Patna High Court CR. MISC. No.4612 of 2020(2) dt.23-01-2020 2/2 amount each to the satisfaction of learned court below where the case is pending in connection with Rahui (Bhaganbigha) P.S. Case No.456 of 2019 arising out of G.R. No.6835 of 2019 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.

(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) Sanjay/- U T