Vinod Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39603 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Vinod Kumar Gupta S/o Suresh Sah R/o Village- Kanak Semriya, P.S.- Kochas, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Nuaon (Ramgarh) P.S. Case No. 198 of 2020 (Excise Case No. 685 of 2020), registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

81 litres of country made liquor has been recovered from a tempo of which this petitioner is owner. It is submitted that no recovery has been made from conscious possession of this petitioner and the illicit liquor was being transported by the driver without the knowledge and consent of the petitioner. Petitioner is in custody since 28.03.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Patna High Court CR. MISC. No.39603 of 2021(2) dt.04-10-2021 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged 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 Additional Sessions Judge 2nd-cum-Special Judge, Kaimur at Bhabua in connection with Nuaon (Ramgarh) P.S. Case No. 198 of 2020 (Excise Case No. 685 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) vinita/- U T