Narayan Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40482 of 2020 Arising Out of PS. Case No.-283 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== NARAYAN KUMAR SAHU S/O- Raghunath Sahu @ Prabhunath Sahu Resident of Village - Chikna, P.S. - Ghoghardiha, District - Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kuchaikote P.S. Case No. 283 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, 122.250 litres of liquor has been recovered from a Maruti car and this petitioner was apprehended on the spot.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner is neither the owner nor driver of the vehicle in question and has no concern with the seized liquor. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.40482 of 2020(2) dt.08-02-2021 2/2 Petitioner is in custody since 25.07.2020 having clean antecedent, as stated in para 3 of the petition. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 District and Sessions Judge II-cum-Special Judge, (Excise Act), Gopalganj in connection with Kuchaikote P.S. Case No. 283 of 2020, subject to following conditions:- (i) The petitioner 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, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers 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 petitioner. (Prabhat Kumar Singh, J) vinita/- U T