Jeet Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68782 of 2018 Arising Out of PS. Case No.-294 Year-2018 Thana- SHIVSAGAR District- Rohtas ======================================================

1. Jeet Singh, S/o Devendra Singh, R/o Shiv Vihar, Quarter No. 152, P.S. Uttam Nagar, District- New Delhi.

2. Rajendra Sharma, S/o Jagdish Sharma, R/o W/A 116, Ramdut Inclave, P.S.- Uttam Nagar, District- New Delhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Sri Binod Kumar 3 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for petitioners sand learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Shivsager P.S. Case No. 294 of 2018 registered for the offences punishable under Section 30(A) of the Bihar Prohibition and Excise Amendment Act, 2016. Allegation against the petitioners are of recovery of 192.750 liters of country made foreign liquor from the vehicle which was driven by the petitioners.

It has been submitted that petitioners are innocent and have committed no offence. Petitioners are driver and co-driver of the vehicle and they were not aware that illicit liquor is kept on his vehicle. They have no criminal antecedent and they are in custody since 31.08.2018.

Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.68782 of 2018(2) dt.03-12-2018 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Court, (Judge) Excise, Rohtas at Sasaram, in connection with Shivsagar P.S. Case No. 294 of 2018 subject to 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.

(3) If the petitioners tampers with the evidence or the witnesses of the case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If petitioners are made accused for offence of similar nature after being released on Bail prosecution shall take steps for cancellation of their Bail granted in this case.

(S. Kumar, J) Rajiv/Manoj U T