Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71682 of 2019 Arising Out of PS. Case No.-269 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SANJEEV KUMAR Son of Ashok Kumar Resident of Village - Navariya Gopal, P.S.- Saurikh (Mukhra), Distt - Kannauj (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 30(a), 32(2) and 41(i) of Bihar Prohibition and Excise Act. Counsel for the petitioner submits that on perusal of the allegation made in the F.I.R. itself, it is obvious that bonafides of the petitioner are obvious. Petitioner was in possession of all documents in relation to consignment of stone dust of the transporter in question. He was merely a driver and had no knowledge about the liquor being concealed below stone dust. Petitioner has no criminal antecedent and is in custody since 07.09.2019.

Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail

Patna High Court CR. MISC. No.71682 of 2019(3) dt.25-11-2019 2/2 is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II-cumSpecial Judge, Excise Gopalganj in Kuchaikot P.S. Case no. 269/2019 subject to the following conditions.

(1) 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.

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

(Madhuresh Prasad, J) s.hassan/- U T