Vishwanath Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67601 of 2018 Arising Out of PS. Case No.-331 Year-2018 Thana- MAHESI District- East Champaran ======================================================
1. Vishwanath Kumar S/o Satynarayan Bhagat R/o Vill- Bathana, P.S. Mehsi, Distt. East Champaran.
2. Chulhai Bhagat S/o Amar Bhagat R/o Village- Phulwaria, P.S. Piprakothi, Distt. East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners seek bail in Mehasi P.S. Case No. 331 of 2018 registered for the offence punishable under Sections under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 161.720 Litres of foreign liquor from a poultry farm of Basudeo Bhagat and petitioners were caught when they were trying to flee away from the farm. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent and are in custody since 23.09.2018.
Patna High Court Cr.Misc. No.67601 of 2018(2) dt.27-11-2018 2/2 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 7th Additional Sessions Judge cum Spl. Judge Excise, East Champaran, Motihari, in connection with Mehasi P.S. Case No. 331 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