Sawa Karim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24055 of 2020 Arising Out of PS. Case No.-236 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== SAWA KARIM Son of Md. Kalim Resident of Khajasarai, Police Station - Laheriasarai, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

90 litres of foreign liquor has been recovered from the four wheeler XUV 500 driven by the petitioner. It is submitted on behalf of the petitioner that the petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner is only a driver and he is no way concern with the said recovery. Petitioner has got clean antecedent and he is in custody since 5.06.2020. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.24055 of 2020(2) dt.18-09-2020 2/2 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II cum Special Judge, Excise, Darbhanga in Bahadupur Police Station Case No. 236 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 T