Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67948 of 2018 Arising Out of PS. Case No.-234 Year-2018 Thana- MANJHI District- Saran ====================================================== Brajesh Kumar S/o Ramashray Ram Resident of Village-Ratasad Khurd, P.S.-Garwar, District-Baliya (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Narayan Singh For the Opposite Party/s :

Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Manjhi P.S. Case No. 234 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 198 litres of foreign liquor from the vehicle which was being occupied by three accused persons. On seeing police one of the accused fled away, however, two persons who were found sitting in the vehicle were apprehended by the police. It has been submitted on behalf of the petitioner that he is neither the owner nor driver of vehicle and was not aware of liquor being kept in the vehicle. Petitioner has no criminal

Patna High Court Cr.Misc. No.67948 of 2018(2) dt.28-11-2018 2/2 antecedent and he is in custody since 05.09.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/c A.D.J. 6th, Saran at Chapra, in connection with Manjhi P.S. Case No. 234 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

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