Saheb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13135 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== SAHEB KUMAR, aged about 20 years, (M) Son of Jokhu Rai Resident of Village- Jhanjhra, P.S.- Jitna, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Khurshid Anwar CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 54 litre Nepali liquor from the possession of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. No incriminating materials has been recovered from his possession. Petitioner has got no criminal antecedent and is in

Patna High Court CR. MISC. No.13135 of 2019(2) dt.14-03-2019 2/3 custody since 25.01.2019.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No. 64 of 2019, with following condition:- (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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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

Patna High Court CR. MISC. No.13135 of 2019(2) dt.14-03-2019 3/3 in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) manoj/- U T