Rambhu Kumar@Ranbhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25669 of 2021 Arising Out of PS. Case No.-426 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== RAMBHU KUMAR@RANBHU KUMAR, SON OF JANGBHADUR RAY, RESIDENT OF VILLAGE- RAGHOPUR BAKHARI, P.S.- PUNAURA, DISTRICT- SITAMARHI ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjeet Kumar Mishra, Adv.

For the Opposite Party :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The petitioner who is in custody since 29.12.2020 seeks regular bail in connection with Dumra P.S. Case No. 426 of 2020 registered for offences punishable under Sections 414 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is the case of the prosecution that altogether 1062.360 liters of illicit foreign liquor was recovered along with Rs.8,000/-, a mobile phone and a vehicle bearing registration no. BR-09R-1476, seizure list was prepared.

The learned counsel appearing on behalf of the petitioner submits that he is driver of the vehicle and he has no previous criminal antecedent. He further submits that he was

Patna High Court CR. MISC. No.25669 of 2021(3) dt.08-12-2021 2/3 not aware of the fact that what is loaded on the vehicle and simply he was directed to deliver the goods to the required destination.

The learned counsel for the State however opposed the prayer for bail.

Considering the rival submissions of the parties as well as the fact that the driver who is petitioner and was not aware of the goods loaded on the vehicle, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 5,00,000/- (rupees five lakh) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge (Excise), Sitamarhi, in connection with Dumra P.S. Case No. 426 of 2020 subject to the following conditions :

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or induce the witness(es) of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court CR. MISC. No.25669 of 2021(3) dt.08-12-2021 3/3 (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel their bail bond.

(Purnendu Singh, J) Shamshad/- U T