Patna High CourtCR. MISC./8935/2019bail granted

Basuki Kumar @ Basuki Kumar v. The State Of Bihar

2019-03-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8935 of 2019 Arising Out of PS. Case No.-761 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== BASUKI KUMAR @ BASUKI KUMAR, aged about 32 years, (Male) Son of Sri Gajadhar Sao Resident of Mohalla - Govindpur, P.S. Fatuha, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Tewary, aDv.

For the Opposite Party/s :

Mr.Ahtasham Ali Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 14 liters of country made liquor from a tempo which was driven by 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. The said illicit liquor belong to one passenger co-accused Chandan Kumar. Petitioner has no criminal antecedent and is in custody since 23.12.2018. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.8935 of 2019(2) dt.12-03-2019 2/2 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 court below where the case is pending in connection with Alamganj P.S. Case No. 761 of 2018, Special Case No. 12092 of 2018, 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