Patna High CourtCR. MISC./13536/2019bail granted

Anil Kumar @ Sunil Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13536 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- MANER District- Patna ====================================================== ANIL KUMAR @ SUNIL KUMAR , aged about 25 years (Male) Son of Satyanand Rai R/o- Lodipur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Madan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Let the defect no. 6 as pointed out by the office be ignored for the present.

Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 500 of 2019 arising out of Maner P.S. Case No. 33 of 2019 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 5 liters illicit wine from the possession 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 on the basis of suspicion. Nothing

Patna High Court CR. MISC. No.13536 of 2019(2) dt.06-03-2019 2/2 incriminating was recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 13.01.2019.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Patna, in connection with Special Case No. 500 of 2019 arising out of Maner P.S. Case No. 33 of 2019, 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