Patna High CourtCR. MISC./4836/2019bail granted

Kuldeep Seth v. The State Of Bihar

2019-01-31Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4836 of 2019 Arising Out of PS. Case No.-414 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Kuldeep Seth, son of Rajeshwar Prasad Seth, Resident of Village- Purab Mohall, Kudra, P.S.- Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 846 of 2018 arising out of Kudra P.S. Case No. 414 of 2018 registered for the offences punishable under Section 30(A) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 7.410 m.l. liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. Nothing was recovered from the possession of the petitioner. Petitioner is in custody since 24.09.2018

Patna High Court Cr.Misc. No.4836 of 2019(2) dt.31-01-2019 2/2 Considering the aforesaid fact and circumstances of 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 Special Judge (Excise), Kaimur at Bhabua, in connection with Excise Case No, 846 of 2018, arising out of Kudra P.S. Case No. 414 of 2018, subject to 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 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 bonds.

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