Nippu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29763 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== NIPPU KUMAR Son of Late Mahesh Prasad Resident of Village - Sigiriyawan, P.s.- Sehjanhapur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No.78/2022 (Sasaram Sadar Sub-Division Case No.38/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, there is alleged recovery of total 332.400 liters foreign liquor from car in question. The petitioner was apprehended on the spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.29763 of 2022(2) dt.05-08-2022 2/3 petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Seizure list has not been prepared as per law. The petitioner is languishing in custody since 14.03.2022 and bears no criminal antecedent. He further submits that the petitioner was neither deal with business of liquor nor seized wine. The petitioner was driver of the said car and there is no connection directly or indirectly with the seized wine at all. Prosecution report has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, prosecution report has already been submitted and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner 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 learned Additional Sessions Judge, Rohtas at Sasaram in connection with Excise Case No.78/2022 (Sasaram Sadar Sub-Division Case No.38/2022, subject to following conditions:-

Patna High Court CR. MISC. No.29763 of 2022(2) dt.05-08-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T