Patna High CourtCR. MISC./9485/2019bail granted

Munna Rai v. The State Of Bihar

2019-03-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9485 of 2019 Arising Out of PS. Case No.-1037 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== MUNNA RAI Son of Jaduni Rai Village-Diwan Tok, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 12047 of 2018 arising out of Agam Kuan P.S. Case No. 1037 of 2018 registered for the offence punishable under Sections 30(A)(D) of the Bihar Prohibition Excise Act, 2016.

Allegation is recovery of 60 litres of country made liquor from tempo of petitioner.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 12.12.2018 and alleged liquor was left away by some passenger in his tempo who fled away on seeing the police. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.9485 of 2019(3) dt.06-03-2019 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 Special Judge, Excise, Patna, in connection with Special Case No. 12047 of 2018 arising out of Agam Kuan P.S. Case No. 1037 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