Ram Niwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19446 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- MANJHI District- Saran ====================================================== 1.

RAM NIWAS Son of Ramaihar Resident of Village - Jagsi, P.S.- Barauda, Distt.- Sonipat (Haryana) 2.

Sumit Son of Narendra Resident of Village - Bhatgaon, P.S.- Sadar, Distt.- Sonipat (Haryana) ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-06-2020 Heard learned counsel for the parties.

Petitioners are accused in a case registered for the offences punishable under Section 30 and other allied sections of the Bihar Prohibition and Excise Act.

Police recovered 2997.4 liters of foreign liquor along with several mobile phones from a truck to which petitioners were driver and cleaner respectively.

Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case as they were merely driver and cleaner and were thus not aware of the consignment being transported with the said truck. Petitioners have got no criminal antecedent and they are in custody since 17.2.2020.

Patna High Court CR. MISC. No.19446 of 2020(2) dt.09-06-2020 2/2 Considering the facts of the case, let both the petitioners, above named, 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 the Additional Sessions Judge II cum Special Judge, Excise Act Saran in Manjhi Police Station Case No. 41 of 2020 on the following conditions:-

(1) Petitioners 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 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) Shashi U T