Tinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9673 of 2021 Arising Out of PS. Case No.-759 Year-2020 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
Tinku Kumar Son of Late Briz Mohan Sah @ Aua Turha Resident of Village - Pakari, P.S.- Aara Nawada, District - Bhojpur. 2.
Mangal Kumar Son of Sudarsan Sah Resident of Village - Pakari, P.S.- Aara Nawada, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harendra Prasad For the Opposite Party/s :
Mr.Damodar Pd. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners seek bail in Aara Nawada P.S. Case No. 759 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
373.08 litres of foreign liquor has been recovered from a pickup van and petitioners were sitting in the said pickup van who were apprehended by the police.
It is submitted that no recovery has been made from
Patna High Court CR. MISC. No.9673 of 2021(2) dt.22-07-2021 2/2 conscious possession of petitioners and have no concern with the seized liquor. Petitioners are Driver and Khalasi of the said pickup van and they were simply driving the vehicle and were not aware about the nature of consignment. Petitioners are in custody since 01.10.2020 having no criminal antecedent, as stated in para 3 of the petition.
Considering the period of custody and clean antecedent of the petitioners, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IV-cum-Special Judge Excise Act, Bhojpur at Ara in connection with Aara Nawada P.S. Case No. 759 of 2020, subject to following conditions:- (i) The petitioners 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, their bail bond shall be liable to be cancelled by the court below. (ii) If the petitioners tamper 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 petitioners. (Prabhat Kumar Singh, J) vinita/- U T