Randhir Kumar @ Laltus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41807 of 2022 Arising Out of PS. Case No.-340 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== RANDHIR KUMAR @ LALTUS S/o Upendra Yadav R/o village- Bahadur Nagar, P.S.- Muffasil Munger, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 340 of 2022 lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, total recovery of 432 litres of foreign liquor has been made from a vehicle in this case.

Learned counsel for the petitioner submits that in the said vehicle, the petitioner is neither driver nor khalasi and nor owner of the said vehicle. He further submits that his name is figured in this case by the confessional statement of co-accused

Patna High Court CR. MISC. No.41807 of 2022(2) dt.29-08-2022 2/3 stating that he has to make delivery at place which has to be ascertained by him through a mobile number and the said mobile belongs to the present petitioner. He further submits that he has unnecessarily been made accused in this case. He is in custody since 29.0.4.2022. Charge-sheet has already been filed and he is of clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned I/C Special Excise Judge 1st Bhagalpur in connection with Jagdishpur P.S. Case No. 340 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall

Patna High Court CR. MISC. No.41807 of 2022(2) dt.29-08-2022 3/3 file affidavit before the court about his relation with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) Aditi/- U T