Bittu @ Bittu Kumar @ Vishal Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10266 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ======================================================

1. BITTU @ BITTU KUMAR @ VISHAL KUMAR AND ANR Son of Pappu Mandal Resident of Village Rani Talab, P.S.- Industrial Area, DistrictBhagalpur.

2. Saurabh Kumar Son of Pappu Mandal Resident of Village Rani Talab, P.S.- Industrial Area, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Industrial Area P.S. Case No. 03 of 2019 registered for the offence punishable under Section 30/30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioners is of recovery of 6 litres of foreign liquor and 20 litres of country made Mahua liquor from the hut.

It has been submitted on behalf of the petitioners that alleged liquor has been recovered from the hut of coaccused Pappu Mandal. There is no recovery has been made

Patna High Court Cr.Misc. No.10266 of 2019(2) dt.20-02-2019 2/2 against petitioners and they have been implicated in this case only on suspicion. Petitioners have no criminal antecedent and they are in custody since 10.01.2019.

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 2nd Additional District & Sessions Judge-cum-Special Judge, Excise, Bhagalpur, in connection with Industrial Area P.S. Case No. 03 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 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 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