Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67326 of 2022 Arising Out of PS. Case No.-351 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Uttam Kumar, Son of Manilal Rai, Resident of Village - Parwejabad Badurahi, P.S.- Sonepur, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Mayan, Advocate Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Siwan Excise P.S. Case No.351 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution alleges that liquor was being brought in a vehicle and the same was being escorted by an Alto car. The petitioner has allegedly been arrested from the Alto car. It is submitted that the from the Alto car there is no recovery. 129.6 litres has been recovered from the other vehicle, with which the petitioner has no concern. Having no antecedents, based on suspicion, he is in custody on his arrest on 16.09.2022. Investigation is also complete.

Learned APP for the State has opposed the prayer for bail.

Having regard to the manner of recovery, submissions

Patna High Court CR. MISC. No.67326 of 2022(2) dt.10-02-2023 2/2 advanced by the parties, period of custody, clean antecedents, as also the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No.2, Siwan, in connection with Siwan Excise P.S. Case No.351 of 2022, 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.

(Madhuresh Prasad, J) PNM U T