Patna High CourtCR. MISC./24219/2020bail granted

Amarjeet Sah v. The State Of Bihar

2020-09-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24219 of 2020 Arising Out of PS. Case No.-150 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== AMARJEET SAH Son of Shital Sah Resident of Village- Hirni, P.S.- K. Asthan, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2020 Heard learned counsel for the petitioner as well as learned APP for the State also through video conferencing. Petitioner is an accused in a case registered for offence punishable under Section 30(a) Bihar Prohibition and Excise Act, 2016.

Prosecution case is that, total 738 litres of foreign liquor has been recovered from the bolero pick up van which was driven by this petitioner. He was arrested on the spot. It is submitted on behalf of the petitioner that the petitioner is innocent and has committed no offence. Petitioner is merely a driver of the vehicle in question and he is not aware of the consignment being transported by the said vehicle. Petitioner has got clean antecedent and he is in custody since 24.05.2020.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.24219 of 2020(2) dt.22-09-2020 2/2 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 the learned Additional Sessions Judge, 2nd cum Special Judge Excise Act, Darbangha in Biraul Police Station Case No. 150 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, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence of witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) SONALI/- U