Sani Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77389 of 2019 Arising Out of PS. Case No.-869 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SANI KUMAR @ SANNI KUMAR, male, aged about 30 years, Son of Late Sanjay Das, Resident of Mohalla - Nohsa, P.S.- Phulwarisharif, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 37(d) and 37(c) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 30 litres country-made liquor from the possession of the petitioner while he was carrying illicit liquor.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 19.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court CR. MISC. No.77389 of 2019(3) dt.02-12-2019 2/2 furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.8435/2019 arising out of Phulwarisharif P.S. Case No.869 of 2019, 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 offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T