Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16407 of 2022 Arising Out of PS. Case No.-473 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== VINAY KUMAR S/o Panna Lal Resident of Village- Sonai, P.S.- Firozabad North, District- Firozabad (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Samastipur (Muffasil) P.S. Case No. 473 of 2021, Excise G.R. No. 1234 of 2021 registered for the offences punishable under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code read with Section 30(a), 41(i), (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, on information, the informant with other officials reached near the place of occurrence where one person was standing near a truck. After

Patna High Court CR. MISC. No.16407 of 2022(2) dt.15-07-2022 2/3 seeing the informant the person started to flee away but he was apprehended. On inquiry he disclosed his name as Vinay Kumar (petitioner) as the driver of the truck in question and total 5413.320 litres of foreign liquor was recovered from the truck. Learned counsel for the petitioner submits that petitioner is in custody since 22.11.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is the driver of said truck, however, he is unaware that what is loaded inside the truck.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, keeping in view the clean antecedent of the petitioner, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-Judge, Excise

Patna High Court CR. MISC. No.16407 of 2022(2) dt.15-07-2022 3/3 Court-1, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 473 of 2021, Excise G.R. No. 1234 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T