Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58761 of 2018 Arising Out of PS. Case No.-414 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sujit Kumar S/o Ram Hulash Ray @ Ram Hulash Yadav, R/o Vill.- Posua, Ward No. 13, P.S.- Riga, District- Sitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranvijay Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 36 litres of Nepali Saufi liquor was recovered from a motorcycle which was being driven by the petitioner. It is contended that nothing has been recovered from the conscious possession of the petitioner and he was carrying vegetables on his motorcycle. It is further contended that petitioner has no concern with the seized liquor. Petitioner claims that he is in custody since 09.08.2018. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.58761 of 2018(2) dt.06-10-2018 2/2 satisfaction of Special Judge, Excise Act, Sitamarhi, in connection with Case No. C2/414/18.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Sitamarhi within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

Spd/- (Dr. Ravi Ranjan, J) U T