Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9979 of 2019 Arising Out of PS. Case No.-480 Year-2018 Thana- PATNA RAIL P.S. District- Patna ====================================================== SHIVAM KUMAR aged about 19 years (M) Son of Late Mannu Lal Patwa Resident of Village- Bahri Begumpur, Sidhi Bazar, P.S.- Bypass, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Patna Junction P.S. Case No. 480 of 2018 registered for the offence punishable under Section 273 of IPC and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 15.54 litres illicit liquor from the possession of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 31.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.9979 of 2019(2) dt.19-02-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna, in connection with Patna Junction P.S. Case No. 480 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.

(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 bond.

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