Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26688 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Kalam Son of Islam, Resident of Village- Bichhor, P.S.- Punhana, District- Nuhu, Haryana.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 33 of 2017, registered for offences punishable under Section 30(a), 32(ii), 38, 41(ii) of Bihar Excise Act, 2016.

Allegation against the petitioner is of recovery of huge quantity of liquor.

It has been submitted on behalf of the petitioner that petitioner happens to be the driver of vehicle from which alleged recovery has been made, however, he had no knowledge that in the said vehicle liquor has been loaded. Further F.I.R itself shows that the seized liquors belonged to Tribhvan Sahni and other. Petitioner has been in judicial custody since 28.02.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26688 of 2017 (2) dt.30-06-2017 2/3 Having heard both sides, no doubt in this case, huge quantity of liquor has been recovered but the petitioner is driver of the truck and has remained in custody for more than four months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 33 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Patna High Court Cr.Misc. No.26688 of 2017 (2) dt.30-06-2017 3/3 It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T