Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15738 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== 1.

PANKAJ SINGH Aged about 28 years, Male, Son of Late Satya Narayan Singh, Resident of Maralane, Nayatola, P.S.- Manihari, District- Katihar. 2.

Pradeep Mahato @ Pradeep Mahto aged about 25 years, Male, Son of Bhola Mahto, Resident of Village- Naya Tola, P.S.- Manihari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Let the defect (s) as pointed out by the Stamp Reporter be ignored for the present.

Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 37(b) read with Section 13 of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 50 litres Toddy from the hut of the petitioners out of which 30 litres Toddy belongs to Pankaj Singh and 20 litres Toddy belongs to Pradeep Mahto. It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. It has further been submitted that the recovered Toddy

Patna High Court CR. MISC. No.15738 of 2019(2) dt.14-03-2019 2/2 does not belong to the petitioners. Petitioners have no criminal antecedent and they are in custody since 3.1.2019. 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/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with C.I. Case No.01 of 2019, with following conditions:- (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 properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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) Sanjay/- U T