Ashwani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20385 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- DARBHANGA GRP CASE DistrictDarbhanga ====================================================== ASHWANI KUMAR Son of Nageshwar Yadav, Resident of Village-Masan Khon, Ward no.13, Police Station-Kusheshwar Asthan, District-Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chitranjan Sinha, Sr. Advocate :

Mr. Ranjit Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rail Darbhanga P.S. Case No. 54 of 2019 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 6.75 litres of foreign liquor from the bag of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that petitioner is in military service posted in Kolkata and he was

Patna High Court CR. MISC. No.20385 of 2019(2) dt.05-04-2019 2/2 coming from service in Holi vacation. Petitioner has no criminal antecedent and he is in custody since 12.03.2019. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 5th cum-special Judge (Excise Act) at Darbhanga, in connection with Rail Darbhanga P.S. Case No. 54 of 2019 subject to the conditions that:-

(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 bond.

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