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Patna High CourtCR. MISC./31465/2019allowed

Sunil Thakur v. The State Of Bihar

2019-07-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31465 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Sunil Thakur, aged about 45 years (Male), Son of Purushottam Thakur, Resident of Village- Sanhauli Ward No. 13, P.S.- Chitragupt Nagar, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.04.2019 and has got no criminal antecedent. There is no recovery from the conscious possession of the petitioner. From the seizure list it appears that foreign liquor containing in two bags have been recovered from the middle of platform.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing

Patna High Court CR. MISC. No.31465 of 2019(2) dt.05-07-2019 2/2 bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rail Khagaria P.S. Case No. 18/2019 to the satisfaction of the learned Special Judge Excise, Khagaria, subject to following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T