Patna High CourtCR. MISC./64020/2018bail granted

Rakesh Kumar And ANR v. The State Of Bihar

2018-10-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64020 of 2018 Arising Out of PS. Case No.-425 Year-2018 Thana- JAKKANPUR District- Patna ======================================================

1. Rakesh Kumar, Son of Vimal Rai, R/o Village- Mayil, P.S.- Bidupur, District- Vaishali.

2. Ravi Kumar, Son of Balkishun Rai, R/o- Village- Mayil, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners seeks bail in Special Case No. 8303 of 2018 arising out of Jakkanpur P.S. Case No. 425 of 2018 registered for the offence punishable under Sections 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of indulging in smuggling and selling of illicit liquor.

It has been submitted on behalf of the petitioners that the petitioners are innocent and have been falsely implicated in this case. Petitioners have got no criminal antecedent and are in custody since 09.09.2018.

Patna High Court Cr.Misc. No.64020 of 2018(2) dt.29-10-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Special Case No. 8303 of 2018 arising out of Jakkanpur P.S. Case No. 425 of 2018, with following 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 present 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.

(S. Kumar, J) ranjan/- U