Sundar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85940 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- GUTHANI District- Siwan ====================================================== SUNDAR Son of Krishna Ji @ Krishan Baba Resident of Village - Parla, P.S.- Kaithal, District - kaithal (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2020 Heard learned counsel for the parties.

Petitioner is accused in a case registered for the offences punishable under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act.

Prosecution's case, in brief, is that 6367.680 litres of foreign liquor was recovered from the truck. Petitioner is said to be the driver of the said truck.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case as nothing has been recovered from his conscious possession and he was not aware of the consignment being carried by the truck which was driven by him. Petitioner has got no criminal antecedent and he is in custody since 6.7.2019. Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.85940 of 2019(3) dt.18-03-2020 2/2 above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten 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 connection with Guthani Police Station Case No. 104 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 witness, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) SONALI/- U T