Golden Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1980 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- SIKRAUL District- Buxar ======================================================

1. Golden Pandey, son of Kaushal Kishore Pandey,

2. Ankit Singh @ Manan Rai, Son of Late Pramod Singh, Both Resident of Village- Unwan, P.S. Itarhi, District- Buxar. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar, Advocate For the Respondent/s :

Mr. Md. Anzarul Haque Sahara (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for petitioners sand learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Sikraul P.S. Case No. 100 of 2018 registered for the offences punishable under Sections 30 (a), 41 (1)of the Bihar Prohibition and Excise Act, 2016 (Amendment Act, 2018).

Allegation is recovery of 17.28 liters of illicit liquor from the possession of the petitioners which was kept in a bag.

It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. Petitioners have been falsely implicated in this case. Petitioners

Patna High Court Cr.Misc. No.1980 of 2019(2) dt.15-01-2019 2/2 have no criminal antecedent and are in custody since 17.10.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-special Judge Excise Act, Buxar, in connection with Sikraul P.S. Case No. 100 of 20018, subject to 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 represented on each and every date fixed by the court.

(3) If the petitioners 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 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) Rajiv/- U T