Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77969 of 2018 Arising Out of PS. Case No.-338 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Sunil Kumar S/o Late Jugeshwar Paswan, R/o Vill.- Ghogdih, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with G.O. Case No. 388 of 2018 registered for the offences punishable under Sections 30(a)(b) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 270 liters of foreign liquor from the vehicle on which petitioner was sitting. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is a co-driver of said vehicle and was not aware that the illicit liquor has been kept in the said vehicle. Petitioner has no criminal antecedent and is in

Patna High Court Cr.Misc. No.77969 of 2018(2) dt.07-01-2019 2/2 custody since 05.11.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Nawada, in connection with G.O. Case No. 338 of 2018, subject to 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 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 bonds.

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