Pradip Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74305 of 2018 Arising Out of PS. Case No.-791 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Pradip Kumar, son of Ashok Singh

2. Rajiv Ranjan, son of Arun Kumar @ Arun Kumar Pawas @ Arun Kumar Yadav

3. Satendra Kumar Sinha @ Chhotu @ Satyendra Sinha @ Satendra Sinha, son of Tribhuwan Prasad Sinha All resident of Mohalla- Rashtriyaganj, Police Station, Phulwarisharif, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the parties.

Petitioners seek bail in Spl No.9241/18 arising out of Phulwarisharif P.S. Case No.791 of 2018 registered for the offence punishable under Sections 30(a)/38 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 16 bottles of foreign liquor each containing 182 M.L. from a car which was being boarded by the petitioners.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case. Petitioners have no criminal antecedent and they are in custody since 02.10.2018.

Patna High Court Cr.Misc. No.74305 of 2018(2) dt.14-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Spl. No.9241 / 18 arising out of Phulwarisharif P.S. Case No.791/18, 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 properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond. (S. Kumar, J) Sanjay/- U T