Dipak @ Mohit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61925 of 2018 Arising Out of PS.Case No. -852 Year- 2018 Thana -BIHTA District- PATNA ======================================================
1. Dipak @ Mohit son of Sri Mahabir @ Mahabir Singh, resident of Aambali (Anbali), P.S. Gohana, District Sonipat (Hariyana). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Special Case No. 7102 of 2018, arising out of Bihta P.S. Case No. 852/2018, registered for offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner as per F.I.R. is of recovery of 369 bottles of English Wine from the vehilce of the petitioner.
Submission of the learned counsel for the petitioner is that petitioner is neither the driver nor the owner of the vehicle and nothing has been recovered from conscious possession of the petitioner and the petitioner is in custody since 02.08.2018.
Patna High Court Cr.Misc. No.61925 of 2018 (2) dt.11-10-2018 2/2 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 enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Special Case No. 7102 of 2018 arises from Bihta P.S. Case no. 852/2018, subject to the 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) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T