Chunilal Baitha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10728 of 2019 Arising Out of PS. Case No.-749 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

CHUNILAL BAITHA Son of Lal Babu Baitha, 2.

Lal Bijesh Kumar Son of Raja Ram Mahto Both Resident of Village - Pinkoni, P.S-Darpa, Dist.-East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Excise Case No. 749 of 2018, instituted for the offence under Section(s) 30(a) of Bihar Excise Act.

It is alleged in the written report hat 45 liters of Nepali Soufi has been recovered from Motorcycle on which the petitioner was found sitting.

Counsel for the petitioner submits that petitioner is in custody since 28.12.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.10728 of 2019(2) dt.22-02-2019 2/2 bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Motihari, in connection with Excise Case No. 749 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

It is mentioned in paragraph-3 of the bail petition that one Excise case of Chhauradano P.S. Case No. 341 of 2016 is pending against the petitioner. Petitioner will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T