Patna High CourtCR. MISC./75536/2018bail granted

Bisun Choudhary v. The State Of Bihar

2018-12-17Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75536 of 2018 Arising Out of PS. Case No.-238 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Bisun Choudhary, S/o Late Lakhan Choudhary, Resident of Village-Sarauni, P.S.-Kawakol, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kawakol P.S. Case No. 238 of 2018 corresponding to C.I.S. No. 1146 of 2018 registered for the offence punishable under Section 30(a) of the Excise Act. Allegation against petitioner is of recovery of 30 litres of foreign liquor from the sack which was tied on motorcycle. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 24.10.2018.

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

Patna High Court Cr.Misc. No.75536 of 2018(2) dt.17-12-2018 2/2 sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IInd, cum Spl Judge, Nawada, in connection with Kawakol P.S. Case No. 238 of 2018 corresponding to C.I.S. No. 1146 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