Shiv Shankar Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1458 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== 1.Shiv Shankar Kumar

2. Subhas Kumar Both sons of Bindeshwar Prasad, resident of village- Mangar Chak, Police Station- N.T.P.C., Badh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Lakhisarai Excise Case No. 83C2/2018 registered for the offence punishable under Section 30(a), 34, 41, 56(b) of Bihar Excise Act, 2018.

Allegation is recovery of 80 litres of country made liquor and 160 litres of Spicy country made liquor from the dickey of the vehicle which was occupied by petitioners. It has been submitted on behalf of the petitioner that he is neither the driver, co driver or owner of the vehicle but had taken lift on said vehicle to reach his destination. Petitioner has

Patna High Court Cr.Misc. No.1458 of 2019(2) dt.23-01-2019 2/2 no criminal antecedent and he is in custody since 01.11.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Session Judge-II, Lakhisarai, in connection with Lakhisarai Excise Case No. 83C2/2018 subject to the conditions that:-

(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) veena/- U T