Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22151 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- TARARI District- Bhojpur Niraj Kumar S/o Rudal Sah Resident of Village- Majhiaon, P.S.- Hasan Bazar, District- Bhojpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 30a of the Bihar Prohibition and Excise Act.

In course of search, 336.960 liters of foreign liquor is said to have been recovered from a Tempo while the petitioner and three other co-accused persons managed to escape. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case on suspicion. Petitioner has got no criminal antecedent and he is in custody since 13.3.2020. Nothing has been recovered from the possession of the petitioner nor the petitioner has been arrested on the spot. He is no way concerned with the recovery of foreign liquor in question. The mandatory provision of law for search and seizure given under section 100 Cr.P.C. has not been followed.

Considering the quantity of recovery as well as the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.22151 of 2020(2) dt.26-08-2020 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge IV, Bhojpur at Ara in Excise Case No. 54 of 2020/Tarari Police Station Case No. 7 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