Patna High CourtCR. MISC./66688/2018bail granted

Gulam Sarwar @ Sarwar v. The State Of Bihar

2018-11-22Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66688 of 2018 Arising Out of PS. Case No.-67 Year-2018 Thana- GALGALIYA District- Kishanganj ====================================================== Gulam Sarwar @ Sarwar Son of Late Afaque @ Late Md. Afaque, Resident of Village-Kauwa Bhitha, P.S. Kurlikort, District-Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 223 of 2018 arising out of Galgaliya P.S. Case No. 67 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 21.750 Litres of foreign liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 19.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.66688 of 2018(2) dt.22-11-2018 2/2 amount each to the satisfaction of learned A.D.J.-II cum Special Judge (Excise), Kishanganj, in connection with Special Case No. 223 of 2018 arising out of Galgaliya P.S. Case No. 67 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 represented on each and every date fixed by the court.

(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