Nanhak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74249 of 2018 Arising Out of PS. Case No.-330 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Nanhak Kumar Son of Late Shiv Prasad Paswan Resident of Village- Belsar P.S. Mehandia District-Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Daudnagar P.S. Case No.330/18 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of about 146 litres country made liquor from a car which was being boarded by two accused persons including the petitioner.

It has been submitted on behalf of the petitioner that he is driver of the aforesaid car and he had no knowledge that said liquor was kept in the car. Petitioner has no criminal antecedent and he is in custody since 27.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.74249 of 2018(2) dt.13-12-2018 2/2 amount each to the satisfaction of learned Addl. Sessions Judge, VII-cum- Special Judge (Excise), Aurangabad in connection with Daudnagar P.S. Case No.330 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T