Kanhai Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40550 of 2020 Arising Out of PS. Case No.-304 Year-2020 Thana- RUPASPUR District- Patna ====================================================== KANHAI RAM, Son of Late Meena Ram, Resident of Haridaspur, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard both parties.

The petitioner seeks bail in Special Case No. 5420/2020, arising out of Rupaspur P.S. Case No. 304/2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, 1025.26 litres of foreign liquor has been recovered from the house of petitioner. It is submitted that petitioner has no concern with the aforesaid recovery. The house, in question, does not belong to the petitioner. Charge-sheet has already been submitted. Petitioner is in custody since 18.09.2020.

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

Patna High Court CR. MISC. No.40550 of 2020(2) dt.09-02-2021 2/2 sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, subject to the 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) rakhi U T