Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22028 of 2020 Arising Out of PS Case No.-102 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Alok Kumar aged 24 years, Gender- Male, Son of Mahesh Prasad Sah @ Mahesh Prasad Singh Resident of Village - Dumarsan, Arna Purab Tola, P.S.- Mashrakh, District- Saran at Chapra.

2.

Afroj Hussain aged about 19 years, Gender- Male, Son of Saheb Husain Resident of Village - Jagatpur Bangra, P.S.- Nabiganj, District.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN \ AMANULLAH ORAL JUDGMENT Date : 16-07-2020 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Heard Mr. Bijay Prakash Singh, learned counsel for the petitioners and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners are in custody in connection with Siwan Mufasil PS Case No. 102 of 2020 dated 27.02.2020, instituted under Sections 272, 273 of the Indian Penal Code and 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.22028 of 2020 dt.16-07-2020 2/3

4. The allegation against the petitioners is that from the KWID car, which was being driven by petitioner no. 1 and the petitioner no. 2 was sitting in, 140 litres of foreign liquor was recovered.

5. Learned counsel for the petitioners submitted that the car did not belong to the petitioners. It was further submitted that the petitioners have no other criminal antecedent and are in custody since 28.02.2020.

6. Learned APP submitted that from the car in which the petitioners were present, there is recovery of 140 litres of foreign liquor.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise, Siwan in Siwan Mufasil PS Case No. 102 of 2020 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they shall not

Patna High Court CR. MISC. No.22028 of 2020 dt.16-07-2020 3/3 indulge in any criminal activity, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar/ Anand Kr.

AFR/NAFR U T