Patna High CourtCR. MISC./66404/2018bail granted

Gulab Chand Sada And ANR v. The State Of Bihar

2018-11-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66404 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- KURSAKANTA District- Araria ======================================================

1. Gulab Chand Sada S/o NarayanSada Resident of VillageDariya,Ward No.10 P.S. Kursakanta,Distt.-Araria

2. Gayanand Sada S/o Dular Dada Resident of Village-Pahusi,Ward No.3,P.S. Kursakanta(Kuwari O.P.),Distt.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Petitioners seek bail in Spl. Case No. 937 of 2018 arising out of Kursakanta P.S. Case No. 176 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is of recovery of 49.200 Litres of Nepali Liquor.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Petitioners have got no criminal antecedent and are in custody since 10.08.2018.

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

Patna High Court Cr.Misc. No.66404 of 2018(2) dt.20-11-2018 2/2 upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria, in connection with Spl. Case No. 937 of 2018 arising out of Kursakanta P.S. Case No. 176 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 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.

(S. Kumar, J) ranjan/- U