Sandeep Singh @ Sukhdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1069 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

SANDEEP SINGH @ SUKHDEO SINGH Son of Teja Singh Resident of Village - Kurar, P.S.- Mahalkala, District - Barnala (Punjab) 2.

Dilip Singh Son of Vachitar Singh Resident of Village - Kurar, P.S.- Mahalkala, District - Barnala (Punjab) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Chhatauni P.S. Case No. 214 of 2020, registered for the offence punishable punishable under Sections 270, 272 and 34 of the Indian Penal Code and section 30(a)/41 of the Bihar Prohibition and Excise Act, 2016. 4534.905 litres of foreign liquor has been recovered from a truck and these petitioners were driver and khalasi of the said truck and were apprehended on the spot.

It is submitted on behalf of the petitioners that petitioner no. 1 is driver and petitioner no. 2 is khalasi of the said truck and they were not aware of the nature of consignment. Nothing has been recovered from conscious

Patna High Court CR. MISC. No.1069 of 2021(2) dt.01-03-2021 2/2 possession of these petitioners. Petitioners bear clean antecedent and are in custody since 06.07.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge Excise, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 214 of 2020, subject to following conditions:- (i) The petitioners 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 in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T