Binod Kumar Singh @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67619 of 2018 Arising Out of PS. Case No.-235 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Binod Kumar Singh @ Binod Kumar, Son of Umesh Prasad Singh, Resident of Village- Bala Hata Police Station- Uchkagaon, District Gopalganj (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Uchkagaon P.S.Case no.235 of 2018 Gr. No.3916 of 2018 registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner about recovery of 250 ltrs of liquor from the vehicle of the petitioner and there is recovery from the other persons also.

Submission of the learned counsel for the petitioner is that he is a driver of the vehicle and he has nothing to do with the seized articles, having no criminal antecedent and he is in custody for about 2 1⁄2 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.67619 of 2018(3) dt.28-11-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II cum Special Judge Excise, Gopalganj in connection with Uchkagaon P.S.Case No.235 of 2018 Gr. No.3916 of 2018.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

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