Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82564 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Ramesh Kumar (Aged about 29 years, Gender-Male) S/O Jainarayan Sah R/O Village- Muroul, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

12-12-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 256 of 2019 registered for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of 76.140 liters of foreign liquor from a Bolero, in which, petitioner was found sitting. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. It is further submitted that petitioner was only a co-passenger and unaware about the consignment and has got no concern with the alleged illicit liquor. It is also submitted that mandatory provision of Section 100 Cr.P.C. has not been followed with respect to search and seizure. There is also no allegation against the petitioner of

Patna High Court CR. MISC. No.82564 of 2019(2) dt.12-12-2019 2/2 tampering with the evidence and petitioner is in custody since 02-10-2019.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II cum Excise Court, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 256 of 2019 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T