Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34453 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- NADI NAINAHA District- West Champaran ====================================================== NAVIN KUMAR Son of Late Balwan Singh Resident of Village- Harikot, Police Station- Hisar Sadar, District- Hisar, Haryana. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Nadi P.S. Case No. 35/2018, instituted for offences under Sections 420, 467, 468/34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.
Earlier prayer for bail of petitioner was rejected by this Court vide order dated 07.02.2019 passed in Cr. Misc. No. 1067/2019 with liberty to renew prayer for bail after six months in custody in the event no substantive progress is made in trial. It is alleged in the written report that on secret information that illicit foreign liquor is being loaded in Bolero vehicle and the same is being unloaded in a boat on the bank of
Patna High Court CR. MISC. No.34453 of 2019(4) dt.31-07-2019 2/3 river Gandak, the informant along with police personnel reached at the place of occurrence and saw 14-15 persons unloading the illicit foreign liquor on a Boat. Out of them, one person was apprehended by the police and rest managed to run away. On search 120 cartons of foreign liquor from Bolero Pickup van and 80 cartons for foreign liquor from boat, total 1728 litres were recovered.
Report from the court below regarding stage of trial has been received from which it appears that charge has not been framed in this case till date.
Petitioner is in custody since 07.09.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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, Bettiah, West Champaran, in connection with Nadi P.S. Case No. 35/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.
(II) Petitioner shall be present on each and every date fixed by the court and
Patna High Court CR. MISC. No.34453 of 2019(4) dt.31-07-2019 3/3 absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.
(Sanjay Priya, J) rakhi/- U T