Patna High CourtCR. MISC./68755/2018bail granted

Mostquim Mansoori @ Mostquim Ansari And ANR v. The State Of Bihar

2018-11-30Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68755 of 2018 Arising Out of PS. Case No.-170 Year-2018 Thana- BARGAINIA District- Sitamarhi ======================================================

1. Mostquim Mansoori @ Mostquim Ansari, S/o Muslim Mansoori, R/o Village Sorpania, P.S.- Dhaka, Distt.- East Champaran.

2. Salamat Mansoori, S/o Kifayat Mansoori, R/o Village Batauva, P.S. Shikarganj, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners seeks bail in Bairgania P.S. Case No. 170 of 2018 registered for the offence punishable under Sections 414, 272, 273 of the Indian Penal Code and under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is of recovery of 50.100 Litres of Nepali country made wine.

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 31.07.2018.

Patna High Court Cr.Misc. No.68755 of 2018(2) dt.30-11-2018 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 ADJ-II cum Special Judge, Excise Act, Sitamarhi, in connection with Bairgania P.S. Case No. 170 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