Birendra Kumar @ Bilendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9456 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ======================================================

1. BIRENDRA KUMAR @ BILENDRA KUMAR AND ANR S/o Muneshwar Ravidas @ Bhuneshwar Das Resident of Village- Fatehpur, P.S- Akbarpur, District- Nawada

2. Rohit Kumar S/o Nirmal Rajvanshi Resident of Village- Fatehpur, P.SAkbarpur, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Excise P.S. Case No. 17 of 2019 registered for the offence punishable under Sections 30(A) and 56(B) of Bihar Prohibition and Excise Act, 2016.

Allegation against petitioners is of recovery of 137.50 litres of foreign liquor from the car. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Petitioners have no criminal antecedent and they are in custody since 17.01.2019.

Patna High Court Cr.Misc. No.9456 of 2019(2) dt.19-02-2019 2/2 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, in connection with Excise P.S. Case No. 17 of 2019 subject to the conditions that:-

(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 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) veena/- U T