Patna High CourtCR. MISC./63265/2018bail granted

Mukesh Kumar v. The State Of Bihar

2018-10-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63265 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Mukesh Kumar son of Rameshwar Yadav, resident of Village- Bagai, P.S. Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Fatehpur P.S. Case No. 217 of 2018 registered for the offence punishable under Section under Sections 272, 273, 34 of the Indian Penal Code and Section under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 25 litres of country made illicit liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Petitioner has got no criminal antecedent and is in custody since 02.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.63265 of 2018(2) dt.26-10-2018 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya, in connection with Fatehpur P.S. Case No. 217 of 2018, with following conditions:-

(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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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.

(S. Kumar, J) ranjan/- U