Patna High CourtCR. MISC./67299/2018bail granted

Shiv Shankar Mahato And ANR v. The State Of Bihar

2018-11-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67299 of 2018 Arising Out of PS.Case No. -328 Year- 2018 Thana -JAGDISHPUR District- BHOJPUR ======================================================

1. Shiv Shankar Mahato Son of Late Sri Bagawan Mahato

2. Saroj Kumar Son of Siv Bachan Singh @ Shree Bhagwan Singh Both are Resident of Village-Neur Pokhar,P.S. Jagadishpur,Distt.-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioners seek bail in connection with Excise Case No.1398 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is recovery of 40 litres of liquor.

It has been submitted on behalf of the petitioner that he has committed no offence and has been falsely implicated in this case and recovery is not made from the conscious possession of the petitioner. Petitioner is in custody since 04.09.2018. Considering the aforesaid facts and circumstances of the case, let all the petitioners named above be released on bail upon

Patna High Court Cr.Misc. No.67299 of 2018 (2) dt.26-11-2018 2/2 furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhojpur, Ara in connection with Excise Case No.1398 of 2018 arising out of Jagdishpur P.S. Case No.328 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) Sanjeev/- U T