Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82712 of 2019 Arising Out of PS. Case No.-179 Year-2017 Thana- CHANDAN District- Banka ====================================================== Raman Kumar, aged about 34 years (Male) S/o Sri Bishnudeo Kunwar Resident of Village- Godargama, Anchal- Mathihani, P.S.- Matihani, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in Chandan P.S. Case No. 179 of 2017 registered under Sections 30 (a) (g), 32

(2) of Bihar Prohibition and Excise Act, 2016. It has been alleged that 52.17 litres of foreign liquor has been recovered from the Maruti Suzuki bearing No. JH-05A-6995. Learned counsel for the petitioner submits that the liquor was kept in the vehicle by driver Parmanand. The driver was apprehended on the spot. The petitioner has already sold his vehicle to Jawahar Sah on 17.08.2014 for a consideration amount of Rs.1,30,000/- and a sale was also prepared in presence of the witnesses. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner has

Patna High Court CR. MISC. No.82712 of 2019(2) dt.18-12-2019 2/2 got no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, 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 Additional District Judge-II, Banka in connection with Chandan P.S. No. 179 of 2017 on the following conditions:

(i) The petitioner shall co-operate 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. (ii) 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. (Prabhat Kumar Singh, J) shakir/- U T