Satyam Shivam Sundaram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 11027 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== SATYAM SHIVAM SUNDARAM Son of Sada Nand Jha Resident of Mohalla - Jyoti Vihar Colony, Police Station - Industrial Area, District - Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr Manoj Kumar, Advocate For the Opposite Party/s :

Mr Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2021 This case has been taken up today for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Industrial Area Police Station (for brevity, PS) Case No 100 of 2020 instituted for the offence punishable under Section 30 (a), 32 of Bihar Prohibition and Excise Act, 2016.

3519.36 liters of illicit liquor has been recovered from a truck. Petitioner is stated to be standing near the truck. Learned counsel for the petitioner submits that implication is false and without any basis. The petitioner has no concern with the truck or the Scorpio vehicle standing near the

Patna High Court CR. MISC. No.11027 of 2021(2) dt.06-07-2021 2/3 truck. He is also not having any concern with the alleged liquor. There is no recovery of liquor from his possession. The petitioner has one more case from before and he is on bail in the said. In the instant case, he is in custody since 14.09.2020. Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise, Bhagalpur in Industrial Area PS Case No 100 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today

Patna High Court CR. MISC. No.11027 of 2021(2) dt.06-07-2021 3/3 for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T