Patna High CourtCR. MISC./7337/2019bail granted

Rajesh Kumar @ Mithun v. The State Of Bihar

2019-02-25Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7337 of 2019 Arising Out of PS. Case No.-1353 Year-2018 Thana- BIHTA District- Patna ====================================================== RAJESH KUMAR @ MITHUN Son of Amirchand R/o village- Narhi Pirhi, P.S- Dulhin Bazar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bihta P.S. Case No. 1353 of 2018 corresponding to Special Case No. 11564 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 20 litres of illicit desi mahua liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing

Patna High Court Cr.Misc. No.7337 of 2019(2) dt.25-02-2019 2/3 has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 06.12.2018.

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 Special Judge, Excise, Patna, in connection with Bihta P.S. Case No. 1353 of 2018 corresponding to Special Case No. 11564 of 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

Patna High Court Cr.Misc. No.7337 of 2019(2) dt.25-02-2019 3/3 trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U