Shambunath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75590 of 2018 Arising Out of PS. Case No.-828 Year-2018 Thana- NAWADA District- Nawada ====================================================== Shambunath Kumar Son of Brijnandan Prasad @ Brijnandan Ram R/o Village-Badauni,P.S. Parbalpur,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Nawada Town (Bundelkhand) P.S. Case No. 828 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 95 litres of country made liquor from a vehicle in which petitioner was present.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is neither the driver nor the owner of the said vehicle. Nothing has been recovered from his possession. He was only a passenger and was not aware that illegal liquor has been kept in the vehicle. Petitioner has got no criminal antecedent and is in

Patna High Court Cr.Misc. No.75590 of 2018(2) dt.18-12-2018 2/2 custody since 09.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cumSpecial Judge, Nawada in connection with Nawada Town (Bundelkhand) P.S. Case No. 828 of 2018 with 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.

(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. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/manojU T