Patna High CourtCR. MISC./2027/2019bail granted

Shiv Dayal Kumar v. The State Of Bihar

2019-01-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2027 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Shiv Dayal Kumar, (Male aged about 29 Yrs), son of Jagdish Shah, resident of village, Batraha, Ward No.26, P.S. Town, District, Saharsa ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subesh Sharma For the Respondent/s :

Mr.Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special (Excise) Case No. 419/201/8 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 1.125 litres foreign liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is in custody since 01.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise

Patna High Court Cr.Misc. No.2027 of 2019(2) dt.15-01-2019 2/2 at Saharsa in connection with Special (Excise) Case No. 419/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T