Anubhav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25002 of 2022 Arising Out of PS. Case No.-106 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== ANUBHAV KUMAR S/o Vinod Kumar Resident of Village- Jagai, P.S.- Ekangarsarai, District- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No. 106 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 90 litres of country made wine from the Sentro Car in question. The driver of the said car is apprehended on spot and he disclosed his name as Anubhav Kumar (Petitioner). Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25002 of 2022(2) dt.03-08-2022 2/3 petitioner is in custody since 22.02.2022. Petitioner bears no criminal antecedent. Prosecution Report has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is not the driver of the car in question and he has no concern with the recovered county made liquor. The petitioner has no knowledge about the liquor kept in the vehicle. Nothing has been recovered from the possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, prosecution report has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, 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 learned Exclusive Excise Court No. - 3, Gaya in connection with Excise Case No. 106 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.25002 of 2022(2) dt.03-08-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T