Bhim Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24008 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- TARARI District- Bhojpur ====================================================== Bhim Kumar S/o Vinod Paswan Resident of Village-Bardihan, P.S.- Charpokhari, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-09-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in Excise Case No. 671 of 2020, arising out of Tarari P.S. Case No. 75 of 2020, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act 2016.

As per prosecution case, 60 litres of wine is alleged to have been recovered from the motorcycle of the petitioner and petitioner was arrested on the spot.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he is no way related with the said recovery. Provisions of 100 Cr.P.C. has not

Patna High Court CR. MISC. No.24008 of 2020(2) dt.17-09-2020 2/2 been followed with respect to search and seizure. Petitioner is in custody since 30-04-2020, having clean antecedent. Considering the aforesaid facts, the petitioner abovenamed, is directed to 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 the learned ADJ-IV sum Special Judge, Bhojpur at Ara in connection with Excise Case No. 671 of 2020, arising out of Tarari P.S. Case No. 75 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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

(Prabhat Kumar Singh, J.) anay U T