Golu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.181 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- SAHPUR District- Patna ====================================================== 1) Golu Kumar, son of Chandra Bhushan Singh 2) Pankaj Kumar, son of Chandra Bhushan Singh 3) Bhola Kumar @ Bhola Rai, son of Bishwa Rai, All three resident of village, Goriya Asthan Nagar Tola, P.S. Maner, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioners seek bail in Special Case No.10551 of 2018 arising out of Shahpur P.S. Case No.331 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 159 litres foreign liquor from a car which was parked near the house of Munna Saw in abandoned condition. Allegation against the petitioner no.1 is that the paper of car which was found shows that he is owner of the said vehicle. Petitioner no.2 is his full brother and petitioner no.3 is his cousin brother. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case without any rhymes and reasons.

Patna High Court Cr.Misc. No.181 of 2019(3) dt.17-01-2019 2/2 Petitioners have no criminal antecedent and they are in custody since 05.11.2018.

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 Special Case No.10551 of 2018 arising out of Shahpur P.S. Case No.331 of 2018, 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 bonds.

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