Patna High Court/8023/2021bail granted

Arvind Kumar v. The State Of Bihar

2021-04-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8023 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Arvind Kumar Son of Shankar Sah Resident of Village- Lagma, Ward No. 05, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.A.G ====================================================== 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 bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per prosecution case, one auto vehicle was seized and upon search 66.705 liter foreign liquor was recovered and this petitioner who was driving the vehicle was arrested on the spot.

It is submitted that nothing was recovered from the possession of the petitioner and the petitioner is driver of the vehicle in question and he was not aware of the nature of

Patna High Court CR. MISC. No.8023 of 2021(2) dt.17-04-2021 2/2 consignment being transported by him. Petitioner has got clean antecedent and he is in jail custody since 30.08.2020. Considering the clean antecedent of the petitioner and his period of custody, this application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District Judge II-cumSpecial Judge Excise Act, Sitamarhi in C2 Case no. 328/2020 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 canceled 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 for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T