Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70445 of 2018 Arising Out of PS. Case No.-398 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Anil Kumar son of Jivachh Mahto, resident of Village- Sirsia (Bazar), Ward No. 12, Police Station- Bela, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Case No. C2/398/18 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 81 Litres of Nepali Soufi Liquor from his possession when police intercepted the motorcycle which was driven by two accused, one accused fled away and petitioner was arrested with illegal liquor.

It has been submitted on behalf of the petitioner that petitioner is handicapped and he has got no criminal antecedent. Petitioner is in custody since 30.07.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.70445 of 2018(2) dt.03-12-2018 2/2 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 Additional District Judge-IInd-cum-Special Judge, Excise Act, Sitamarhi in connection with Case No. C2/398/18, 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 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.

(S. Kumar, J) ranjan/- U