Prasant Suman @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36559 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Prasant Suman @ Golu S/o Rajeev Kumar @ Nunu Singh Resident of Village- Manjhaul (in front of Referal Hospital), P.S.- Cheria Bariarpur DisttBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the State :

Mr.Gulnar Begum APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Cheriabariyarpur P S Case No 2 of 2020 instituted for the offence under Sections 272, 273 and 120B of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3887.64 liters of foreign liquor is alleged to have been recovered from a truck. The local persons have stated about the petitioner's being a member of the group which deals in such illicit liquor.

Learned counsel for the petitioner submits that on such basis he has been implicated and he is in custody now since 19.09.2020 though there is no recovery from the petitioner nor

Patna High Court CR. MISC. No.36559 of 2020(2) dt.01-02-2021 2/2 has he been arrested from even near a truck. After his implication in this case that he has been remanded in three other cases, details of which have been given in para 3 of the bail application. The recovery is without complying the Section 100 Cr. PC and there is no forensic opinion to support the allegation that the recovered substance is intoxicant. The driver of the vehicle has already been allowed bail in Cr. Misc No 15978 of 2020.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, 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 Additional Sessions Judge-II-Cum-Special Judge Excise Act, Begusarai, in connection with Cheriabariyarpur P S Case No 2 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T