Roushan Giripuri @ Roushan Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70640 of 2018 Arising Out of PS. Case No.-175 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== Roushan Giripuri @ Roushan Puri, Son of Mayanand Giri, Resident of Village- Mehdipur, P.S.- Kursakanta, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 915 of 2018 arising out of Kursakanta (Sonamani Godam) P.S. Case No. 175 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 330.6 litres of Nepali Wine from the possession of one of the co-accused and remaining four fled away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 03.12.2018 in Criminal Miscellaneous No. 68836 of 2018. Petitioner has got no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.70640 of 2018(2) dt.10-12-2018 2/2 27.09.2018.

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 amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Special Case No. 915 of 2018 arising out of Kursakanta (Sonamani Godam) P.S. Case No. 175 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 properly 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. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U