Patna High CourtCR. MISC./78132/2018bail granted

Manish Kumar v. The State Of Bihar

2019-01-08Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78132 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Manish Kumar S/o Shri Ram Binod Rai @ Binod Rai, R/o Vill.- Piprarhi, Tole-Puparhar, ward No. 6, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Smt. Veena Rani Prasad. (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner sand learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with G.O. Case No. 138 of 2018 registered for the offences punishable under Sections 30(A), Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 43.500 ml. liquor of Nepali saufi from the possession of petitioner while informant was on patrolling duty.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. Petitioner has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 23.10.2018.

Patna High Court Cr.Misc. No.78132 of 2018(2) dt.08-01-2019 2/2 Considering the aforesaid fact 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 Additional Sessions Judge-II-cum-Special Judge (Excise Act), Sitamarhi, in connection with G.O. Case No. 138 of 2018, subject to 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 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) Rajiv/- U T