Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17065 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Sumit Kumar, aged about 24 years, Gender- Male, Son of Jayhind Saw 2.

Ranjit Kumar, aged about 21 years, Gender- Male, Son of Fagu Saw Both Resident of Village - Mandudih, P.S.- Mandu, District- Ramgarh, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushant Praveer, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 30(a), (c) and 56 (Kha) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 700 liters of country made liquor from the Tata Sumo in which petitioners were found sitting.

It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. Petitioners have been falsely implicated in this case. Petitioners were only passenger of the said vehicle and they were not

Patna High Court CR. MISC. No.17065 of 2019(2) dt.04-04-2019 2/2 concerned with the recovered liquor. Petitioners have no criminal antecedent and are in custody since 05.02.2019. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each 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. 58 of 2019, subject to 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 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.

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