Mukhdev Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6944 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- NOKHA District- Rohtas ======================================================
1. Mukhdev Singh aged about 30 years (male) Son of Jagdish Singh Resident of Village-Gijwahi, P.S.-Sasaram District-Rohtas
2. Santosh Kumar Singh aged about 32 years (male) Son of Harihar Singh Resident of Village-Gijwahi, P.S.-Sasaram District-Rohtas ... ... Petitioner/s
Versus
1. The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwary For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.
Petitioners seek bail in Nokha (Dharampura O.P.) P.S. Case No. 315 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Informant who is a police officer has stated in his written complaint that on 2.12.2018 when he was on patrolling duty he received a secret informant about two Maruti cars loaded with illicit liquor and on said information he stopped the cars and on search total 138.24 litre foreign liquor was recovered from both the cars.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case.
Patna High Court Cr.Misc. No.6944 of 2019(2) dt.14-02-2019 2/3 Nothing has been recovered from their possession. They have no concern with the seized vehicle. Petitioners have got no criminal antecedent and are in custody since 03.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Nokha (Dharampura O.P.) P.S. Case No. 315 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.6944 of 2019(2) dt.14-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(4). If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds.
(S. Kumar, J) ranjan/manojU T