Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4436 of 2019 Arising Out of PS. Case No.-345 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- ====================================================== MANOJ KUMAR Vinod Sav Vill-Mohsimpur(Mosimpur),P.S-Fatwah, Distt.- Patna, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 1289 of 2018 arising out of G.O. Case No. 345 of 2018 registered for the offence punishable under Sections 30(a) & 56(b) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 90 litres of foreign liquor from the car.

It has been submitted on behalf of the petitioner that petitioner is driver of the car and was not aware that illicit liquor is kept in the car. Petitioner has no criminal antecedent and he is in custody since 04.12.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.4436 of 2019(2) dt.31-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Spl. Judge, Nawada, in connection with Excise Case No. 1289 of 2018 arising out of G.O. Case No. 345 of 2018 subject to the conditions that:-

(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 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) veena/- U T