Sunil Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8007 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Sunil Kumar Das aged about 32 years S/O Shambhu Das R/O VillageBhajanaha, P.S.- Laukaha, District- Madhubani ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 272/273/34 of the Indian Penal Code and section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 64.500 liters of Nepali liquor has been recovered from the bush near the eastern bank of river Balan.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8007 of 2021(2) dt.17-04-2021 2/3 petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has claimed clean antecedent and he is in custody since 1.10.2020. Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner and the petitioner has got clean antecedent, let the petitioner, mentioned above, 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 Additional Sessions Judge II cum Special Judge, Excise Act, Madhubani in Laukaha Police Station Case No. 280 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her 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

Patna High Court CR. MISC. No.8007 of 2021(2) dt.17-04-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T