Bashishth Kumar @ Basisht Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28748 of 2021 Arising Out of PS. Case No.-650 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== BASHISHTH KUMAR @ BASISHT KUMAR Son of Rama Bhagat Resident of Village- Banjari, Police Station- Gopalganj Nagar, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gopalganj Town P.S. Case No. 650 of 2020, registered for the offence punishable punishable under Section 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

279 litres of country made liquor has been recovered from bush near the house of petitioner and he is alleged to have fled away after seeing the police party and the spy has taken name of this petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner or from house of this

Patna High Court CR. MISC. No.28748 of 2021(2) dt.10-08-2021 2/2 petitioner rather recovery has been made from bush which is accessible to general public. Petitioner was simply driving the vehicle and was not aware about the nature of consignment. Petitioner has no concern with the seized liquor. Petitioner is in custody since 05.01.2021. Chargesheet has already been submitted.

Considering the period of custody, the petitioner above-named, is directed to be enlarged 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 learned Additional Sessions Judge-II-cum-Special Judge (Excise), Gopalganj in connection with Gopalganj Town P.S. Case No. 650 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T