Amresh Kumar @ Amresh Kumar Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60614 of 2018 Arising Out of PS.Case No. -429 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================
1. Amresh Kumar @ Amresh Kumar Shah S/o Laxman Shah, R/o Vill.- Joryahi @ Joriyahi, P.S.- Bairgainiya, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.
The petitioner seeks regular bail in connection with C-2 Cae No.429 of 2018 dated 18.8.2018 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is about recovery of 18 ltrs. of nepali liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he has no criminal antecedent. He is in custody for about two months. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be
Patna High Court Cr.Misc. No.60614 of 2018 (2) dt.06-10-2018 2/2 enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ADJ II-cum-Special Judge, Excise Act, Sitamarhi in connection with C-2 Case No.429 of 2018.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T