Timal Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12198 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== TIMAL GOPE, aged about 50 years, Male, Son of Late Sakaldeep Rai, Resident of - Mohalla- Nayagaon,. P.S.- Pirbahore, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh, adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Pirbahore P.S. Case No. 08 of 2019 (Special Case No. 187 of 2019) registered for the offences punishable under Section 290 of Indian Penal Code and Section 30(A), 37(B) (C) of Bihar Prohibition and Excise Act, 2016. Allegation is recovery 6 liters of country made liquor from the house of 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. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 11.01.2019.

Patna High Court CR. MISC. No.12198 of 2019(2) dt.05-03-2019 2/2 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, Patna, in connection with Pirbahore P.S. Case No. 08 of 2019 (Special Case No. 187 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 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