Sohan Kumar vs The State Of Bihar
2021 Latest Caselaw 366 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 33000 of 2020
   Arising Out of PS Case No.-49 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                     District- Patna
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Sohan Kumar, aged about 25 years, Gender-Male, Son of Beera Ray, Resident of Village - Mallikpur, Rustampur, P.S.- Raghopur, District - Vaishali.

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

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

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Jay Ram Prasad, learned counsel for the

petitioner and Mr. Sanjay Kumar Sharma, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with P R

Didarganj PS Case No. 49 of 2020 dated 06.07.2020, instituted

under Sections 30(a) and 56(b) of the Bihar Prohibition and

Excise Act, 2016.

3. The allegation against the petitioner is that from the

tempo he was driving, 150 litres of countrymade wine was

recovered.

Patna High Court CR. MISC. No.33000 of 2020 dt.27-01-2021

4. Learned counsel for the petitioner submitted that he

was only the driver of the tempo which did not belong to him and,

thus, he was not aware what was kept in the tempo. It was further

submitted that the petitioner has no criminal antecedent and is

custody since 07.07.2020.

5. Learned APP submitted that from the vehicle being

driven by the petitioner, there is recovery of 150 litres of liquor.

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 learned Special Judge,

Excise, Patna in P R Didarganj PS Case No. 49 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 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 Patna High Court CR. MISC. No.33000 of 2020 dt.27-01-2021

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.)

P. Kumar

AFR/NAFR U T