Sumit Sarin And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59602 of 2018 Arising out of P.S. Case No.-239 Year-2018 ThanaKUCHAIKOTE District- Gopalganj ===============================================

1. Sumit Sarin, S/o Late Balkishun Sarin, R/o House No. 771/03, Palam Colony, Raj Nagar-02, P.S.- Palam, District- Delhi-77.

2. Gogendra Kumar @ Yogendra Kumar S/o Ramesh Kumar, R/o House No. RZF771/1, Palam Colony, Raj Nagar-II, P.S.- Palam, District- Delhi-77.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s: Mr. Humayou Ahmad Khan, APP =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case registered for offences under Sections 30 (a) (b) (c), 38 and 41 (a)(b) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 78.750 litres of foreign liquor was recovered from the Scorpio vehicle. It is contended that the petitioner no. 1 was the driver and the petitioner no. 2 was commuter of the said vehicle. It is

Patna High Court Cr.Misc. No.59602 of 2018(2) dt.06-10-2018 2/2 contended that the petitioners had no knowledge as to how and where illicit liquor was loaded on the said vehicle. Nothing has been recovered from the conscious possession of the petitioners. It is contended that the petitioners have no criminal antecedent. It is urged that the petitioners are in custody since 04.08.2018. Considering the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Kuchaikote P.S. Case No. 239 of 2018 with a condition that if the petitioners, after their release in this case, are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. (Dr. Ravi Ranjan, J) Vikash/- U T