Md. Gayur @ Gayur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35577 of 2020 Arising Out of PS. Case No.-918 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Md. Gayur @ Gayur S/o Sahwaz @ Md. Sahwaz Resident of Village- Near Khala Bus Adda, P.S.-Rana Police Chouki, District- Muzaffar Nagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This is 2nd attempt for grant of bail on behalf of petitioner in Excise Case No. 918 of 2019, registered for the offence punishable under Sections 30(A), 32 and 41(i) of Bihar Prohibition and Excise Act.

Earlier, vide order dated 05-02-2020 passed in Cr.Misc. No. 6771 of 2020 (Annexure - 1 to the petition), the prayer for bail of petitioner was rejected with observation that petitioner would be at liberty to renew his prayer for bail once charge has been framed in this case.

It is stated in paragraph - 12 of the petition that in this case, charge has already been framed on 09-07-2020 and

Patna High Court CR. MISC. No.35577 of 2020(2) dt.22-12-2020 2/2 petitioner is in custody since 11-10-2019.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 IX cum Special Judge, Excise, East Champaran at Motihari in connection with Excise Case No. 918 of 2019, on the following conditions:

"(1) Petitioner shall cooperate 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 his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J.) anay/- U T