Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9940 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Anil Kumar, aged about 35 years, Male, Son of Raghunath Sah R/o villageRajepur , P.S- Rajepur, District- East Champaran , at present Rambag near Kalazar Hospital, P.S- Mithanpura , District- Muzaffarpur ... ... Petitioner/s

Versus

The State Of Biha ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitu Kumari, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Muzaffarpur Nagar (Town) P.S. Case No. 75 of 2019 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016. Informant is a police officer has alleged that while he was on patrolling duty he saw that one person kept a jhola by the side of road and on seeing police party tried to flee away, who was caught and on search of the Jhola 16.500 liters of foreign liquor was recovered.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.9940 of 2019(2) dt.19-02-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 27.01.2019. 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 , Muzaffarpur, in connection with Muzaffarpur Nagar (Town) P.S. Case No. 75 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

Patna High Court Cr.Misc. No.9940 of 2019(2) dt.19-02-2019 3/3 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