Vikki Verman @ Viki Burman @ Bikki Barman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26520 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== 1.

Vikki Verman @ Viki Burman @ Bikki Barman Son Of Gopal Chandra Verman Resident Of Village - Bhanunagar, Ward No.43, P.S.- Bhakti Nagar, Distt.- Jalpaiguri (W.B.).

2.

Hariday Das Son Of Milan Das Resident Of Village - Bhanunagar, Ward No.43, P.S.- Bhakti Nagar, Distt.- Jalpaiguri (W.B.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr. Shailendra Kumar Singh A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioners seek bail in C-I Case No. 208 of 2020 (C.I.S. No. 208 of 2020), registered for the offence under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act. 936 liters of foreign liquor has been recovered from a Mahindra Bolero pick-up van, of which, petitioner no. 1 was driver and petitioner no. 2 was cleaner.

It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of the petitioners and petitioners, being driver and cleaner/helper respectively, were not aware about the nature of consignment,

Patna High Court CR. MISC. No.26520 of 2021(2) dt.30-07-2021 2/2 which was loaded in the vehicle. Petitioners have got clean antecedent and are in custody since 25.11.2020. Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnia in connection with C-I Case No. 208 of 2020, on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper 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.) anay U T