Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41250 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Suraj Kumar Son of Binod Kumar Sah @ Binod Sah Resident of VillageAmbabagh, P.S.- Babarganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mojahidpur (Babarganj) P.S. Case No. 209 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act. 45 liters of foreign liquor has been recovered from the tempo of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner was unaware about the nature of consignment, which was being transported in his tempo. Petitioner has got clean antecedent and he is in custody since 12.06.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.41250 of 2021(2) dt.22-10-2021 2/2 Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional District and Sessions Judge II cum Special Judge, Excise Act, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No. 209 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T