Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81829 of 2023 Arising Out of PS. Case No.-614 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Sunil Kumar Son of Umesh Ray R/O Village- Madhuban, P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Kanti P.S. Case No. 614/2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there was alleged recovery of total 1356.480 liters illicit foreign liquor from five vehicles namely Truck, Maruti Suzuki car, Bolero vehicle, Santro car and Pick-up van in question. Local Chaukidar and spy disclosed the name of the petitioner and others who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is not apprehended on the spot and nothing
Patna High Court CR. MISC. No.81829 of 2023(2) dt.04-01-2024 2/3 has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 23.06.2023 and bears criminal antecedent of ten cases out of which he is on bail in nine cases. Learned counsel for the petitioner orally submits that the petitioner is not in any way connection with the alleged seized vehicles. Except disclosure of local Chaukidar and spy, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that on account of criminal antecedent of the petitioner, he has been roped in the present case. He further submits that the seizure list has not been prepared as per the law.
5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner keeping in view series of criminal antecedent of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, petitioner is not apprehended on the spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special
Patna High Court CR. MISC. No.81829 of 2023(2) dt.04-01-2024 3/3 Judge, Excise Court-IInd, Muzaffarpur in connection with Kanti P.S. Case No. 614/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial Court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T