Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77795 of 2018 Arising Out of PS. Case No.-194 Year-2018 Thana- VIJAYEPUR District- Gopalganj ====================================================== Ritik Kumar son of Sri Vinod Gond, resident of Village - Bhore, Wireless mode, P.S. Bhore, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Vijaipur P.S. Case No. 194 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 86.400 litres from the concealed chamber made in the tempo which was being driven by petitioner.

It has been submitted on behalf of the petitioner that petitioner is not the owner of tempo but he is driver and he was not aware that illicit liquor has been kept in the concealed chamber made in the tempo. Petitioner is in custody since 21.10.2018.

Patna High Court Cr.Misc. No.77795 of 2018(2) dt.03-01-2019 2/2 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 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Gopalganj, in connection with Vijaipur P.S. Case No. 194 of 2018 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