Sachin @ Sachin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21635 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- BAUSI District- Purnia ====================================================== SACHIN @ SACHIN SINGH, aged about 23 years gender male son of Udayvir singh, resident of village Dinnayariya Police Station Karawali, District Mainpuri, UP ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bhola Prasad, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 272 and other allied sections of the Indian Penal Code as well as section 30a and other sections of the Bihar Prohibition and Excise Act. Petitioner is the driver of a truck from which 2125.80 liters of foreign liquor has been recovered.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner is simply a driver and the said truck was handed over to him by co-accused Nanki Shah, as such, he was not aware of the consignment being transported through the truck. He has got no criminal antecedent and he is in custody since 18.2.2020.

Patna High Court CR. MISC. No.21635 of 2020(2) dt.07-07-2020 2/2 Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge Excise, Purnea in connection with Special Excise Case No. 96 of 2020, arising out of Baisi P.S. Case No. 44 of 2020 on the following conditions:-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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