Bhulla Kumar @ Bhulla Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.42095 of 2017 (2) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42095 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Bhulla Kumar @ Bhulla Tanti, aged about 20 years, S/o Baleshwar Tanti, Resident of Village- Panchbir, P.S.- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Jha For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 11 of 2017, registered for offences punishable under Sections 419, 420 and 484 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 21 bottles each containing 375 ML, 75 bottles each containing 180 ML and 45 bottles each containing 180 ML and 190 bottles each containing 180 ML of foreign liquor from the bolero vehicle.

It has been submitted on behalf of the petitioner that nothing has been recovered from his conscious possession and he has not been named in the F.I.R rather the recovery has been made from the co-accused of this case. Further petitioner has been in

Patna High Court Cr.Misc. No.42095 of 2017 (2) dt.12-09-2017 judicial custody since 15.07.2017.

Learned counsel for the State opposed the prayer for bail and submitted that in the supervision note, it has been found that the petitioner was the driver of vehicle from which alleged recovery was made and further he has criminal antecedent as he is accused in one more case of similar nature.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VII -cum- Special Judge, Excise Act, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 11 of 2017.

It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T