Jitendra Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10646 of 2019 Arising Out of PS. Case No.-312 Year-2018 Thana- NARHATT District- Nawada ====================================================== 1.

JITENDRA KUMAR S/o Rajendra Gope Resident of village-Singarhat, P.S.- Sohsarai, District- Nalanda 2.

Pintu Kumar S/o Awadhesh Paswan Resident of village-Bari Pahari, P.S. - Sohsarai, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Narhat P.S. Case No. 312 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioners is of recovery of 32 litres of wine from the car.

It has been submitted on behalf of the petitioners that petitioners are innocent and have been falsely implicated in this case. Petitioners have no criminal antecedent and they are in custody since 29.11.2018.

Patna High Court CR. MISC. No.10646 of 2019(3) dt.27-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Nawada, in connection with Narhat P.S. Case No. 312 of 2018 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

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