Patna High CourtCR. MISC./3022/2020bail granted

Sanjay Kumar v. The State Of Bihar

2020-01-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3022 of 2020 Arising Out of PS. Case No.-188 Year-2018 Thana- BALIYA District- Begusarai ====================================================== SANJAY KUMAR Son of Sri Lakshmi Kant Mahto Resident of Village - Malpur, Chakchadu, P.S.- Khodawandpur, District - Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Jha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kuamr Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a), 32/41 (1)of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 1649 litres of illicit liquor from a maize field.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing was recovered from conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 23.11.2019. Similarly placed co-accused persons have already been granted regular bail by different co-ordinate Benches of this Court as contained in Annexure-3 series. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.3022 of 2020(2) dt.18-01-2020 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baliya P.S. Case No. 188 of 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) Rajiv/- U T