The Patna High Court allowed bail to the petitioner in a case under Section 30A of the Bihar Prohibition and Excise Act. The petitioner, a driver arrested with a vehicle containing foreign liquor, was released on bond and bail conditions.
Petitioner enlarged on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23155 of 2020
Arising Out of PS. Case No.-35 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga
======================================================
RAJAN KUMAR S/o Binod Thakur @ Binod Kumar Thakur Resident of Village-Nawada, Gangiya Parmanandpur, P.S.-Katra, District-Muzaffarpur.
... ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Baidya Nath Thakur, Advocate For the Opposite Party : Mr. Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor representing the State.
The petitioner seeks bail in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act.
Prosecution’s case, in brief, is that the police during patrolling duty intercepted a Maruti Suzuki and recovered 117.36 liters of foreign liquor, petitioner is said to be the driver of the said vehicle and he was arrested on the spot.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that nothing has been recovered from the possession of the petitioner and the petitioner is neither the owner of the vehicle as such he was not aware of the consignment, thus, he is no way related with the said recovery. Petitioner has got no criminal
Patna High Court CR. MISC. No.23155 of 2020(2) dt.08-09-2020 2/2
antecedent and he is in custody since 24.1.2020.
In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above 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 Additional Sessions Judge II cum Special Judge, Excise Act, Darbhanga in Sadar (Mabbi OP) Police Station Case No. 35/2020, on the following conditions:-
(1) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case registered for the offence under Section 30A of the Bihar Prohibition and Excise Act.
Rajan Kumar S/o Binod Thakur @ Binod Kumar Thakur
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
