Patna High CourtCR. MISC./33296/2019bail granted

Keshav Kumar v. The State Of Bihar

2019-07-03Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33296 of 2019 Arising Out of PS. Case No.-149 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== KESHAV KUMAR Son of Manoj Singh Resident of Village-Ramdiri, Nakti tola, P.S.-Matihani, District-Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr. Nawal Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Fulwariya P.S. Case No. 149/2018, instituted under Sections 120(B), 414, 34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Earlier prayer for bail of petitioner was rejected by this Court in Cr. Misc. No. 80733/2018 dated 17.01.2019. It is alleged in the written report that on getting information police party reached at the place of occurrence and intercepted two vehicles as mentioned in the written report. On search huge quantity of illicit foreign liquor were recovered from the dickey of aforesaid vehicles. It is further alleged that police raided different places and recovered foreign liquor as

Patna High Court CR. MISC. No.33296 of 2019(3) dt.03-07-2019 2/3 mentioned in detail in the written report.

Learned counsel for the petitioner has submitted that the other co-accused has already been granted bail by this Court vide order dated 22.02.2019 passed in Cr. Misc. No. 10751/2019.

Report from the court below about stage of trial has been received, wherein it is mentioned that after framing of charge not a single witness has been examined till date. Petitioner is in custody since 02.11.2018.

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 Addl. Sessions Judge IInd-cum-Special Judge, Begusarai, in connection with Fulwariya P.S. Case No. 149/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the

Patna High Court CR. MISC. No.33296 of 2019(3) dt.03-07-2019 3/3 petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T