Kartikey Darmliya @ Kartikey Urmliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36693 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== Kartikey Darmliya @ Kartikey Urmliya S/o Rakesh Darmaliya R/o villageShivrajpur, P.S.- Newgadhi, District- Riwa (MP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Excis Case No. 89-C2/2021 for the offences punishable under Section 30(a) of the Excise Act. On secret information 180 liters illicit liquor was recovered from Maruti Suzuki Desire Car.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that nothing incriminating articles has been recovered from his possession

Patna High Court CR. MISC. No.36693 of 2021(2) dt.03-12-2021 2/3 and he has no knowledge about the said wine in question. He is in jail custody since 26.02.2021.

The learned A.P.P opposed the prayer for bail. Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jamui in connection with Excise Case No. 89 C2/2021,subject to the conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.36693 of 2021(2) dt.03-12-2021 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentions order shall not be delayed for purpose of or in the name of verification.

N.K/- (Rajesh Kumar Verma, J) U T