Kanhaiya Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69509 of 2018 Arising Out of PS. Case No.-318 Year-2018 Thana- SHIVSAGAR District- Rohtas ======================================================

1. Kanhaiya Kumar Son of Shambhu Chaudhary

2. Deepak Kumar Son of Parmeshwar Singh Both resident of Village- Karwandiya (Chandani Chowk), P.S. Sasaram (M), District- Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary For the Opposite Party/s :

Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioners seeks bail in Sheosagar P.S. Case No. 318 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioners is of recovery of 168.900 Litres of foreign liquor from the SUMO vehicle in which he was travelling.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case It has been further submitted that the person who was driving the vehicle fled away and petitioners were arrested at the spot. Petitioners have got no criminal antecedent and are in custody since 24.09.2018.

Patna High Court Cr.Misc. No.69509 of 2018(2) dt.03-12-2018 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 Additional District and Sessions Judge IInd cum Special Judge, Excise, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 318 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