Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7942 of 2019 Arising Out of PS. Case No.-496 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== SUNIL RAI, aged about 35 years, (M) Son of Late Ram Kumar Rai Resident of Village - Barkachanda, P.S. Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Koilwar P.S. Case No. 496 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of total 80 liters of Mahua wine from a motorcycle which was being carried by petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to local politics. Nothing has been recovered from his possession. Petitioner has got no criminal antecedent and is in custody since 23.12.2018.

Patna High Court CR. MISC. No.7942 of 2019(2) dt.26-02-2019 2/3 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, Bhojpur at Ara, in connection with Koilwar P.S. Case No. 496 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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 offence, after his release on

Patna High Court CR. MISC. No.7942 of 2019(2) dt.26-02-2019 3/3 bail, the trial court shall take steps to cancel his bail bond.

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