Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68048 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== SURENDRA KUMAR, aged about 25 years (male), Son of Shiv Kumar @ Shiv Kumar Prasad Resident of Village-Bhikhani Bigha, Police Station-Sare, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(A) (C), 32 (B), 33 and 36 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that as per FIR on confidential information the informant alongwith other police personnel searched Tata 407 vehicle and during search about 525 liters spirit were recovered and seizure list was prepared a copy of the same has been served upon the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is innocent and he has committed no offence as alleged rather he has been falsely implicated due to local politics and previous enmity. The petitioner is driver of the said vehicle. The petitioner is in custody since 03.08.2019 and has one Criminal

Patna High Court CR. MISC. No.68048 of 2019(2) dt.04-11-2019 2/2 case in the same nature of the offence against him. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Nalanda at Biharsharif, in connection with Deep Nagar P.S. Case No. 218 of 2019, G.R. No. 4247 of 2019, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T