Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56948 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== SUJIT KUMAR, S/O JAY NARAYA RAY, R/o village- Dostpur, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Informant is a police officer who has alleged in his written complaint that during night patrolling on 04.06.2021, he got a secret information that FIR named accused persons were unloading illicit liquor from a truck and on receiving said information, he along with police party reached the place of occurrence and on seeing the police, persons assembled there tried to flee away, however, three of them were identified and from the truck, 3598.350 litres of foreign liquor was recovered. It has been submitted by learned counsel for the petitioner that neither he was apprehended on the spot nor he

Patna High Court CR. MISC. No.56948 of 2021(2) dt.29-03-2022 2/3 is named in the FIR and he has been implicated in this case during course of investigation. Nothing incriminating has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 08.08.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bathnaha P.S. Case No.140/2021 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court

Patna High Court CR. MISC. No.56948 of 2021(2) dt.29-03-2022 3/3 shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T