Patna High CourtCR. MISC./35033/2021bail granted

Ajay Kumar v. The State Of Bihar

2021-09-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35033 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== Ajay Kumar Son of Upendra Sah Resident of Village - Ward no. 13 near Sadar Hospital, P.S.- Muffasil, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Shailendra Kr.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Manigachhi (Nehra O.P) P.S. Case No. 59 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act. 473.4 liters of foreign liquor has been recovered from a pick-up van, of which, this petitioner is said to be driver. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The petitioner, being driver of the vehicle, was not aware about the nature of consignment. Petitioner claims clean antecedent and he is in custody since 19.03.2021.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.35033 of 2021(2) dt.09-09-2021 2/2 Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on 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 (Excise), Darbhanga in connection with Manigachhi (Nehra OP) P.S. Case No. 59 of 2021, 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 below and shall remain physically present, as directed by the court below, 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