Arun Kumar Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78199 of 2018 Arising Out of PS. Case No.-369 Year-2018 Thana- DARIYAPUR District- Saran ======================================================
1. Arun Kumar Rai and Anr S/o Godhan Rai
2. Bhuwar Kumar Rai @ Bhuwar Rai @ Mithilesh Kumar Rai @ Mithlesh Rai S/o Bhardul Rai @ Prabhu Rai Both are R/o Village-Tarwan MangarpalMartuja P.S. Dariyapur,Distt.-SaranBihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.
Petitioners seek bail in Dariyapur P.S. Case No. 369 of 2018 registered for the offence punishable under Section 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 1299 litres of foreign liquor from the Poultry Farm of Raj Kishore Rai and petitioners were arrested from the said Poultry Farm when they were trying to flee away.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Petitioners have got no criminal antecedent and are in custody since 17.11.2018.
Considering the aforesaid facts and circumstances of
Patna High Court Cr.Misc. No.78199 of 2018(2) dt.16-01-2019 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 6th ADJ, Saran, in connection with Dariyapur P.S. Case No. 369 of 2018, 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 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 offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) ranjan/- U