Baijnath Jaiswal @ Baidhnath Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28718 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- BHORE District- Gopalganj ====================================================== BAIJNATH JAISWAL @ BAIDHNATH JAISWAL Son of Byas Jaiswal, Resident of Village-Bhore, Baniyatoli, P.S.-Bhore, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bhore P.S. Case No. 72/2019, instituted for offence under Section(s) 30(a), 35, 38 and 37(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It is alleged in the written report that during vehicle checking police party intercepted a tractor and arrested the driver of tractor, who disclosed his name as Dharmendra Kumar. The police recovered 103 litres of country made liquor and 86 litres of foreign liquor from the iron box under the trolley of the said tractor.

Learned counsel for the petitioner has submitted that aforesaid Dharmendra Kumar disclosed the name of this

Patna High Court CR. MISC. No.28718 of 2019(2) dt.02-05-2019 2/3 petitioner.

From the seizure-list it appears that recovery has been made from the iron box of tractor.

It is mentioned in para 3 of bail petition that three more cases of Excise Act are pending against this petitioner. Petitioner is in custody since 16.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Addl. Sessions Judge-cum-Special Judge, Excise, Gopalganj, in connection with Bhore P.S. Case No. 72/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T

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