Bashisth Kumar @ Bashisth Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75104 of 2018 Arising Out of PS. Case No.-810 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== BASHISTH KUMAR @ BASHISTH KUMAR YADAV, Son of Anant Yadav @ Anant Prasad Yadav, Resident of Village- Khabdah, Kanhail, P.S.- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mr. Manoj Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Forbesganj P.S. Case No. 810 of 2018 corresponding to Special Case No. 1323 of 2018 registered for the offences punishable under Section 30(a) of Biohar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 24.75 liters of English wine from the house of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 24.10.2018.

Patna High Court Cr.Misc. No.75104 of 2018(2) dt.14-12-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria, in connection with Forbesganj P.S. Case No. 810 of 2018, corresponding to Special Case No. 1323 of 2018, subject to 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

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