Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1699 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- MOKAMAH District- Patna ====================================================== SUDHANSHU KUMAR Son of Ramnandan Das Resident of Village - Coal Siding, Ward No. 28, Police Station - Mokama, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mokama P.S. Case No. 199 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

248.625 litres of foreign liquor has been recovered from Xylo car in which this petitioner and co-accused Santosh Kumar Sinha @ Chhotu were sitting and apprehended on the spot.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner is neither owner nor driver of the said vehicle and has no concern with the seized liquor. Petitioner bears clean antecedent and is in custody

Patna High Court CR. MISC. No.1699 of 2021(2) dt.03-03-2021 2/2 since 29.09.2020. Chargesheet has already been submitted. 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 Special Judge Excise, Patna in connection with Mokama P.S. Case No. 199 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