Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14160 of 2018 Arising Out of PS.Case No. -427 Year- 2017 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================
1. Suraj Kumar, Son of Mahendra Sao @ Mahendra Prasad, R/oMohaddinagar, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Prasad For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 21.12.2017 in connection with Deepnagar P.S. Case No. 427 of 2017 for offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on secret information that one Tata A.C. vehicle is carrying huge consignment of foreign liquor, the police reached the place and found two persons in a motorcycle directing the said Tata vehicle. On seeing the police one of the motorcyclists fled
Patna High Court Cr.Misc. No.14160 of 2018 (2) dt.14-03-2018 2/3 away but other namely Karu Kumar was apprehended who named the petitioner as driver of the said Tata vehicle along with other persons. On search from the car 504 bottles containing 750ml, 180 bottles containing 375ml and 72 bottles containing 180ml foreign liquor was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was not apprehended on the spot. Co-accused Karu Kumar apprehended on the spot has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 10918 of 2018 on 23.02.2018. The owner named by the co-accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 6699 of 2018 on 17.02.2018. He submits that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.14160 of 2018 (2) dt.14-03-2018 3/3 Additional Sessions Judge-VI-cum-Special Judge Excise, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 427 of 2017, subject to the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T