Bhagwan Bhagat @ Bhagwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20204 of 2021 Arising Out of PS. Case No.-446 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Bhagwan Bhagat @ Bhagwan Kumar Son Of Sukhdeo Bhagat Presently Resident Of Village - Sushil Nagar, Police Station - Muffasil, Singhoul O.P., District-Begusarai Permanent Resident Of Village- Keshave, Ward No 7 P.SBarauni, Dist- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. JK Thakur, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 1551.96 liters of foreign liquor was recovered from a truck and a Bolero vehicle and it is alleged that the said liquor had been brought by the petitioner and other accused persons.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. He is neither driver nor owner of the said vehicle. Petitioner's name has figured during course of investigation in confessional statement of co-accused

Patna High Court CR. MISC. No.20204 of 2021(4) dt.09-08-2021 2/2 by the spy. Petitioner claims clean antecedent. Petitioner is in custody since 27.12.2020. Investigation is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties and materials available on the record, let the petitioner, above named, be released 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 Additional Sessions Judge II cum Special Judge, Excise Act, Begusrai in Muffasil Police Station Case No. 446 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T