Kanhaiya Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12478 of 2019 Arising Out of PS. Case No.-637 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

KANHAIYA KUMAR, aged about 18 years (Male), Son of Sanjay Kumar 2.

Ravi Kumar, aged about 18 years, Son of Ajay Prasad Both are Resident of Village- Belthan, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the parties.

Petitioners seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 375 ml. foreign liquor from the possession of the petitioner no.2.

It has been submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Petitioners have no criminal antecedent and they are in custody since 26.12.2018.

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

Patna High Court CR. MISC. No.12478 of 2019(2) dt.05-04-2019 2/2 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 Bakhityapur P.S. Case No.637/2018 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