Patna High CourtCR. MISC./62956/2018bail granted

Tabrej Ansari And ORS v. The State Of Bihar

2018-10-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62956 of 2018 Arising Out of PS. Case No.-148 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ======================================================

1. Tabrej Ansari, Son of Safruddin Ansari, Resident of VillageDumari, Police Station- Narkopi, District- Ranchi (Jharkhand).

2. Brajesh Lal Topwar, Son of Baleshwar Topwar @ Baleshwar Vishwakarma, Resident of Village- Chitakoni, Police StationKudu, District- Lohardagaa (Jharkhand).

3. Aazad Ansari, Son of Suman Ansari, Resident of Village- UduMudu, Police Station- Kudu, District- Lohardagaa (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 148 of 2018 registered for the offence punishable under Sections 30(A) and 56(B) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is of recovery of 2080 Litres of country made liquor from the vehicle driven by them.

It has been submitted on behalf of the petitioners that the petitioners are Driver and Khalasi of the vehicle and were not aware about illicit liquor kept in the vehicle. Petitioners have got no criminal antecedent and are in custody since

Patna High Court Cr.Misc. No.62956 of 2018(2) dt.12-10-2018 2/2 21.08.2018.

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 Excise Judge, Gaya in connection with Excise Case No. 148 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 and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.

(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