Umesh Chaudhary @ Umesh Kumar vs The State Of Bihar
2021 Latest Caselaw 212 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.32215 of 2020
  Arising Out of PS. Case No.-197 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas
 ======================================================

Umesh Chaudhary @ Umesh Kumar, aged about 32 years, Gender-Male, Son of Shankar Chaudhary @ Shankar Singh, Resident of Village- Wajirganj, P.S.- Sasaram (M), District - Rohtas.

... ... Petitioner/s Versus The State of Bihar

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

 For the Petitioner/s    :       Mr. Ajay Kumar Tiwari, Advocate
 For the State           :       Mr. Ajay Kumar No.2, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-01-2021

Heard Mr. Ajay Kumar Tiwari, learned counsel for the

petitioner and Mr. Ajay Kumar No. 2, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Sasaram (M) PS Case No.197 of 2020 dated 26.06.2020,

instituted under Sections 30(a) of the Bihar Prohibition and

Excise Act, 2016.

3. The allegation against the petitioner is that from the

pickup van belonging to one Kuldeep Mahto, which the

petitioner was driving, 165 litres Mahua liquor was recovered

and another co-accused, Guddu Singh @ Guddu Chaudhary was

also arrested as he was sitting in the pickup van.

4. Learned counsel for the petitioner submitted that he Patna High Court CR. MISC. No.32215 of 2020 dt.20-01-2021

was merely driver of the pickup van being an employee of the

owner and was not concerned or aware of the articles recovered

from the pickup van. It was further submitted that the petitioner

does not have any other criminal antecedent and is in custody

since 27.06.2020.

5. Learned APP submitted that the petitioner driving

the pickup van from which recovery of illicit liquor has been

made was definitely involved in the crime.

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 Additional District and

Sessions Judge II-cum-Special Judge, Excise, Rohtas at

Sasaram in Sasaram (M) PS Case No.197 of 2020, subject to the

conditions (i) that one of the bailors shall be a close relative of

the petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii)

that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms Patna High Court CR. MISC. No.32215 of 2020 dt.20-01-2021

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 his

bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T