Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80805 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- NAUTAN District- Siwan ====================================================== Sachin Kumar (M) aged about 19 years, S/o Raju Singh R/o village- Hussain Bangara, P.S.- M.H. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nautan PS Case No. 205 of 2019 dated 19.11.2019 instituted under Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner and others is that from the Bolero vehicle on which he was travelling, on interception, 328.320 litres of foreign liquor was recovered and he was caught while trying to run away.

4. Learned counsel for the petitioner submitted that he has no criminal antecedent and just because he was present on the Bolero vehicle he has been made an accused. It was

Patna High Court CR. MISC. No.80805 of 2019 dt.07-01-2020 2/3 submitted that neither the vehicle belongs to him nor did he have any connection with the recovered liquor. It was further submitted that the petitioner is in custody since 19.11.2019.

5. Learned APP submitted that the petitioner was travelling on the Bolero vehicle from which liquor has been seized.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge Excise, Siwan in Nautan PS Case No. 205 of 2019. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of

Patna High Court CR. MISC. No.80805 of 2019 dt.07-01-2020 3/3 his bail bonds.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T