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Patna High CourtCR. MISC./28006/2019bail granted

Sunil Agrawal @ Sunil Kumar v. The State Of Bihar

2019-05-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28006 of 2019 Arising Out of PS. Case No.-314 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

SUNIL AGRAWAL @ SUNIL KUMAR, Son of Santosh Agrawal @ Santosh Kumar, Resident of Village- Vijay Nagar, Rohtak, P.S.- Shiktalnagar, District- Rohtak (Harayana).

2.

Krishna Bidlan, Son of Jagat Singh, Resident of Village- Kahnour, P.S.- Kalanaur, District- Rohtak (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 01-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Siwan Muffasil P.S. Case No.314 of 2018 instituted for the offence under Section(s) 272, 273, 467, 468, 471, 420 Indian Penal Code and Sections 30(a), 38(i), 41(i) of Bihar Prohibition and Excise Act, 2016. Prayer of the petitioners for bail was earlier rejected by this Court with liberty to renew prayer for bail after six months if no substantial progress is made in the trial. Counsel for the petitioners submits that petitioners are in custody since 05.06.2018. There is no likelihood of conclusion of trial within short time.

Patna High Court CR. MISC. No.28006 of 2019(2) dt.01-05-2019 2/2 It is alleged that 444.300 litres foreign liquor (Royal Stag) has been recovered from the car in which petitioners were found sitting.

Keeping in view earlier observation of this Court, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise, Siwan, in connection with Siwan Muffasil P.S. Case No. 314 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

Further, (i) the petitioners will remain present on each and every date of trial, (ii) Their absence on two consecutive date(s) without any reasonable cause will make their bail bonds liable to be cancelled, and (iii) the petitioners will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T