Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5363 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== VICKY KUMAR aged about 40 years (Male) S/o Aklu Mahto Resident of Village-Fulwariya-3, Ward No. 6, P.S.- Fulwariya, District - Begusarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Fulwariya P.S. Case No.150/2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 23.7 litres foreign liquor from the cattle house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is in custody since 05.11.2018.

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 Addl. Sessions JudgeII-cum-Special Judge, Excise Act, Begusarai in connection with

Patna High Court Cr.Misc. No.5363 of 2019(2) dt.31-01-2019 2/2 Fulwariya P.S. Case No.150/2018, 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