Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13639 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== NARENDRA KUMAR S/O NANHA RAM Resident of Village- Kheri Sakara (Kaul), P.S.- Danda, District- Kaithal, Haryana. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Mohaniya P.S. Case No. 57 of 2023, registered for the offences punishable under Sections 420, 467, 468/34 of the IPC and SEction 30(a)/47 of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per allegation, 1530 liters of liquor was concealed amongst other consignment on the truck of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. Though he is owner-cum-driver of that truck, but he was not aware with the

Patna High Court CR. MISC. No.13639 of 2023(2) dt.18-05-2023 2/3 consignment loaded.

Considering the above-mentioned facts and circumstances, clean antecedents as well as the period of incarceration i.e. 24.01.2023, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise No. 1 cum A.D.J. IV, Kaimur at Bhabhua, in connection with Mohaniya P.S. Case No. 57 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner. (ii) If the petitioner is found involved in future in the similar type of offence, 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.

(iii) Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the

Patna High Court CR. MISC. No.13639 of 2023(2) dt.18-05-2023 3/3 petitioner from the district wherefrom he was arrested and also from the District, Kaithal, Haryana. If it found that the petitioner is not involved in any other case, only in that condition, his bail bond shall be accepted.

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