Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22935 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== AMIT KUMAR, aged about 27 years, Male, Son of Jitendra Singh Resident of Village- Bathanaha West, Ward No. 8, P.S.- Bathanaha, District- Sitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Adv.

For the Opposite Party :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with G.O. Case No. 18 of 2019 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the Excise officials, is that the petitioner was apprehended by the Sashastra Seema Bal officials near the Indo-Nepal border carrying 108 liters of Nepali Saufi wine. Accordingly, a seizure memo was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioner and due to high handedness of Sashastra Seema Bal officials, the petitioner has been made accused and is languishing in judicial custody since 11.03.2019. However, the learned Additional Public Prosecutor for

Patna High Court CR. MISC. No.22935 of 2019(2) dt.12-04-2019 2/2 the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear a criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with G.O. Case No. 18 of 2019 to the satisfaction of the learned Additional District Judge II-cumSpecial Judge, Excise, Sitamarhi, or the successor Court subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T