Kaushlendra Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75072 of 2018 Arising Out of PS. Case No.-373 Year-2018 Thana- ISLAMPUR District- Nalanda ======================================================
1. Kaushlendra Prasad , S/o Arjun Prasad
2. Sanjeev Kumar, S/o Arjun prasad Both resident of village, Rupaspur, Police Station, Khudaganj, District, Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Sharma For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the parties.
Petitioners seek bail in Islampur P.S. Case No.373 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 277 litres foreign liquor from two vehicles. One was Safari car and another was Indica car. The drivers of the Safari and Indica cars were arrested and the petitioners were also arrested on the spot and remaining seven co-accused managed to escape.
It has been submitted on behalf of the petitionesr that they have falsely been implicated in this case and they have no concern with the illicit liquor or its seizure. Petitioners have no criminal antecedent and they are in custody since 05.11.2018.
Patna High Court Cr.Misc. No.75072 of 2018(2) dt.14-12-2018 2/2 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/- with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, Excise, Nalanda at Biharsharif in connection with Islampur P.S. Case No.373/18, 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 petitionesr are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.
(S. Kumar, J) Sanjay/- U T