Falat Kumar Nuniya @ Flat Kumar Nuniya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7324 of 2019 Arising Out of PS. Case No.-01 Year-2019 Thana- BARSOI District- Katihar ======================================================

1. Falat Kumar Nuniya @ Flat Kumar Nuniya, aged about 19 years (Gender-M)

2. Jitendra Nuniya @ Jiten Nuniya, aged about 22 years (Gender-M) Both Sons of Rajan Nuniya, Resident of Village - Naya Tola Baltar, P.S. Barsoi, District, Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioners seeks bail in Barsoi P.S. Case No.01 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 42 litres country-made liquor from the bag of the petitioners.

It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Petitioners have no criminal antecedent and they are in custody since 02.01.2019.

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/- each with two sureties

Patna High Court Cr.Misc. No.7324 of 2019(2) dt.25-02-2019 2/2 of the like amount each to the satisfaction of learned A.D.J.-IIcum-Special Judge (Excise Act), Katihar in connection with Barsoi P.S. Case No.01 of 2019, with following conditions:- (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 properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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) Sanjay/- U T