Sanjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46254 of 2019 Arising Out of PS. Case No.-734 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== SANJAY DAS S/O Dina Das Resident of village- Police Line, Jalpaigudi, P.S.- Kotwali, District- Jalpaigudi (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kanti P.S. Case No. 734/2018, instituted for offences under Section(s) 420, 467, 468, 471 and 120(B) of the Indian Penal Code read with Sections 30(a), 41, 44 and 45 of the Bihar Prohibition and Excise Act. Earlier prayer for bail of petitioner was rejected by this Court vide order dated 21.01.2019 passed in Cr. Misc. No. 829/2019 with liberty to renew prayer for bail after six months in the event no substantial progress is made in case. It is alleged in the written report that total 3903.12 litres of foreign liquor and 60 litres of Beer has been recovered from container on which petitioner was found sitting.

Patna High Court CR. MISC. No.46254 of 2019(3) dt.14-08-2019 2/3 Learned counsel for the petitioner has submitted petitioner has clean antecedent.

Report from the court below about stage of trial has been received, wherein it is mentioned that after framing of charge not a single witness has been examined in this case till date.

Petitioner is in custody since 22.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Act, Muzaffarpur, in connection with Kanti P.S. Case No. 734/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and

Patna High Court CR. MISC. No.46254 of 2019(3) dt.14-08-2019 3/3 (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T