Patna High CourtCR. MISC./78377/2018bail granted

Shambhu Bhagat v. The State Of Bihar

2019-01-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78377 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Shambhu Bhagat Son of Late Makurchand Bhagat, resident of village- Joteli Santhali Tola @ Joteli Santhal Tola, Ward No. 14, P.S. Bihariganj, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar-1 For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bihariganj Excise Case No.149/ 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 5 litres country-made liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 15.10.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Addl. District and

Patna High Court Cr.Misc. No.78377 of 2018(2) dt.24-01-2019 2/2 Sessions Judge-cum-Special Judge, Excise Act, Madhepura in connection with Bihariganj Excise Case No.149/ 2018, with following conditions:- (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 properly 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) Sanjay/- U T