Vikash Bashfor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20330 of 2019 Arising Out of PS. Case No.-734 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== VIKASH BASHFOR, son of Chhotelal Bashphore, resident of villageChakiya near Mansa Baba Domtoli, Mahadeva, P.S. Siwan Muffasil (Mahadeva), District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Let the Defect Nos. 6(1) and (2) as pointed out by the office be ignored for the present.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Siwan Muffasil (Mahadeva) P.S. Case No. 734 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a) and 41 (i) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 36 litres of foreign liquor from the house of petitioner. Petitioner was not arrested on the spot.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.20330 of 2019(2) dt.02-04-2019 2/3 nothing was recovered from the possession of petitioner and he has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 02.01.2019. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd -cum-Special Judge, (Excise), Siwan, in connection with Siwan Muffasil (Mahadeva) P.S. Case No. 734 of 2018 subject to the conditions that:-

(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

Patna High Court CR. MISC. No.20330 of 2019(2) dt.02-04-2019 3/3 bail the trial court shall take steps to cancel his bail bond.

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