Vimal Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6473 of 2021 Arising Out of PS. Case No.-400 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Vimal Kumar Verma Son of Deepak Prasad Verma @ Deepak Prasad Resident of Village- Brahmi Ghat, P.S.- Vishnupad, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. P. Mahto, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 30a/56b of the Bihar Prohibition and Excise Act.

As per the prosecution case, 750 liters of country made liquor has been recovered from Tavera vehicle of the petitioner. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.6473 of 2021(2) dt.15-04-2021 2/3 that the petitioner is neither owner nor the driver of the vehicle and had by chance boarded the vehicle. 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 got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 9.10.2020.

Considering the fact that no incriminating material has been recovered from the conscious possession of the petitioner and he has got clean antecedent, 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 Special Judge, Excise Act Gaya in Excise Police Station Case No. 400 of 2020/CIS No.1548 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.6473 of 2021(2) dt.15-04-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T