Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78124 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- RATANPUR District- Supaul ====================================================== Shiv Kumar son of Deo Naryana Mukhiya Resident of village - Satan Patti Narpat Patti ward no. 6, P.S. Ratanpura, Distt. - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in S.T. Excise No. 769 of 2018 arising out of Ratanpura P.S. Case No. 60 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is a police officer has stated in his written complaint that he received information while he was on patrolling duty that petitioner is engaged in the trade of illicit liquor and on receipt of said information he reached the house of petitioner and near the hand-pump 24.6 litres of Nepali liquor was recovered.

It has been submitted on behalf of the petitioner that the said hand-pump is a public hand-pump and used by general public and nothing has been recovered from the possession of

Patna High Court Cr.Misc. No.78124 of 2018(2) dt.15-01-2019 2/2 the petitioner. Petitioner has got no criminal antecedent and is in custody since 22.10.2018.

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 Additional Sessions Judge-2nd cum Special Judge, Excise Act, Supaul, in connection with S.T. Excise No. 769 of 2018 arising out of Ratanpura P.S. Case No. 60 of 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) ranjan/- U