Sanjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63545 of 2018 Arising Out of PS.Case No. -141 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Sanjay, S/o Hanuman Singh, Resident of Village- Siswal, P.S.- Adampur, District- Hissar, State- Hariyana.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Excise Case No.141 of 2018 registered for offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner about recovery of 252 ltrs. of liquor from the truck and the petitioner has been arrested from there.

Submission of the learned counsel for the petitioner is that he is neither the Driver nor honour nor Khalasi of the Truck and only he was arrested from there. He has no criminal antecedent. He is in custody since 1.9.2013.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.63545 of 2018 (2) dt.12-10-2018 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No.141 of 2018 dated 31.8.2018. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T