Amir Ali And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1508 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- DURGAWATI District- Bhabhua (Kaimur) ======================================================

1. Amir Ali and Anr Gappu Gaddi @ Pappu Ali. Resident of Village - Bari Bazar Mohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabhua.

2. Halim Alam Khushid Gaddi. Resident of Village - Bari Bazar Mohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Durgawati P.S. Case No. 393 of 2018 registered for the offence punishable under Sections 30(a), 56(6) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 25.200 litres of foreign liquor from the bag.

It has been submitted on behalf of the petitioners that petitioners have no criminal antecedent and they are in custody since 30.11.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.1508 of 2019(3) dt.29-01-2019 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Kaimur at Bhabua, in connection with Durgawati P.S. Case No. 393 of 2018 subject to the conditions that:-

(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 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 petitioner is found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond.

(S. Kumar, J) veena/- U T