Patna High Court/1136/2021bail granted

Hukum Dev Ram v. The State Of Bihar

2021-03-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1136 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Hukum Dev Ram Son of Puran Ram Resident of Village- Gadiyani Chowk, Ward No. 11, P.S.- Madhubani Town, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Dr. Mrityunjay Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in G.O. Case No. 173 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 36.9 liters of illicit liquor has been recovered from the hut of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of petitioner. The hut in question does not belong to petitioner. Petitioner has got no concern with the seized liquor. Petitioner has no criminal antecedent and he is in custody since 06.10.2020. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be

Patna High Court CR. MISC. No.1136 of 2021(2) dt.03-03-2021 2/2 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 learned Addl. Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with G.O. Case No. 173 of 2020, on the following conditions: "(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T