Sanni Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr. Chandan Kumar Kashyap, Advocate Mr.Ashok Kumar Singh, APP ORAL ORDER 2 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Town P.S. Case No. 74 of 2022 registered for the alleged offences under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, recovery of 931.77 liters of India made foreign liquor was made from a pick-up van. Two co-accused persons were apprehended from the spot and co- accused Aman Kumar disclosed the name of the petitioner, who fled away from the spot. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.51999 of 2022(2) dt.22-11-2022 petitioner is innocent and has been falsely implicated in this case, as the petitioner was not arrested from the spot and nothing incriminating has been recovered from his conscious possession. The name of petitioner came up in confessional statement of co-accused person. The petitioner has no concern with the seized liquor. The petitioner is in custody since

20.07.2022 and charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not arrested from the spot and no recovery has been shown from him and further considering the submission of charge-sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-I, Excise Act, Begusarai in connection with Town P.S. Case No. 74 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and Patna High Court CR. MISC. No.51999 of 2022(2) dt.22-11-2022 every date fixed by the court below. (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) Ashish/- U T