Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29962 of 2020 Arising Out of PS. Case No.-123 Year-2017 Thana- MITHANPURA District- Muzaffarpur ====================================================== ANIL KUMAR, Son of Chandeswar Prasad @ Bindeswar Prasad, Resident of Mohalla - Kanhauli Math, P.S.- Mithanpura, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Panchanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Section 290/34 of Indian Penal Code as well as Section 30 (a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, on a secret information, a raid was conducted and 240 bottles of foreign liquor has been recovered from a car and petitioner is alleged to have fled away seeing the police.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the possession of the petitioner and petitioner was not arrested at the spot. It is further submitted that petitioner was neither the owner nor the driver of the vehicle and he has no concern with the aforesaid recovery.

Patna High Court CR. MISC. No.29962 of 2020(2) dt.23-11-2020 2/2 Charge-sheet has already been submitted. Petitioner has been remanded in this case on 30.05.2020.

Considering the facts of the case, let the petitioner, above named, 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 Special Judge, Excise Act, Muzaffarpur in Mithanpura Police Station Case No. 123 of 2017 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/her absence on two consecutive dates without sufficient reason, his/her 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) Ankit/- U T