Patna High CourtCR. MISC./24064/2020bail granted

Pampam Thakur v. The State Of Bihar

2020-09-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24064 of 2020 Arising Out of PS. Case No.-677 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== PAMPAM THAKUR Son of Nandlal Thakur Resident of Village - Balia Pokhar, P.S.- Kudhani, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for offence punishable under Sections 272, 273/34 of the IPC as well as Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

73 litres of country made foreign liquor has been recovered from a Maruti Suzuki car. Two persons Sakesh Kumar and Amlesh Kumar was arrested on the spot and during interrogation they disclosed the name of the petitioner. It is submitted on behalf of the petitioner that the petitioner is innocent and has committed no offence. The said recovery has not been made from the conscious possession of the petitioner. Provisions of Section 100 Cr.P.C. has not been followed at the time of search and seizure. Petitioner has got

Patna High Court CR. MISC. No.24064 of 2020(2) dt.18-09-2020 2/2 clean antecedent and he is in custody since 14.01.2020. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in Kudhani Police Station Case No. 677 of 2019, 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, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence of witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) SONALI/- U T