Patna High CourtCR. MISC./26766/2020bail granted

Nikku Kumar v. The State Of Bihar

2020-10-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26766 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== Nikku Kumar S/o Late Munna Mahto Resident of Village- Bhojpurwa, P.S.- Manjhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2020 Heard both parties through video conferencing. The petitioner seeks bail in Manjhagarh P.S. Case No. 136 of 2019, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

92.880 liters of foreign liquor is alleged to have been recovered from the sitting place (cSBdk) of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Recovery has been made from a place, which is accessible to others. The petitioner is in custody since 27-02-2020. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.26766 of 2020(2) dt.14-10-2020 2/2 each to the satisfaction of learned Addl. District & Sessions Judge-cum-Special Judge, Excise Act, Gopalganj in connection with Manjhagarh P.S. Case No. 136 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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.) anay U T