Patna High CourtCR. MISC./35602/2020bail granted

Suraj Kumar @ Suraj Tanti v. The State Of Bihar

2020-12-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35602 of 2020 Arising Out of PS. Case No.-170 Year-2020 Thana- KATORIYA District- Banka ====================================================== SURAJ KUMAR @ SURAJ TANTI S/o Ramanand Tanti R/o villageMirhatti, P.S.- Sultanganj, Distt.- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Smt. Veena Rani Pd. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30a/56D of the Bihar Prohibition and Excise Act.

62.325 liter of foreign liquor is alleged to have been recovered from the vehicle of which petitioner was the driver. Learned counsel appearing for the petitioner submits that the petitioner is not the owner of the vehicle and was driving the vehicle on the instruction of the owner and was not aware of the consignment. No incriminating material has been recovered from the conscious possession of the petitioner and he has nothing to do with the alleged recovery. Petitioner has got no criminal antecedent. Petitioner is in custody since 14.8.2020.

Patna High Court CR. MISC. No.35602 of 2020(2) dt.23-12-2020 2/2 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 Additional Sessions Judge II in Banka in Special Excise case no. 407/2020, Katoriya Police Station Case No. 170/2020 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) Shashi U T