Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36341 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- BHORE District- Gopalganj ====================================================== 1.

Prince Kumar Age - 20 Yrs Male Son of Sunil Prasad, 2.

Golu Kumar Age - 19 Yrs Male Son of Amar Prasad Soni Both are Resident of Village - Mirganj, P.S.- Mirganj, District - Gopalganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Md. Naushad Uzzoha, Advocate For the Opposite Party :

Mr.Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 03.05.2019 in connection with Bhore P.S. Case No. 148 of 2019 for the offences alleged under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 145.620 litres of foreign liquor. It is submitted that the recovery has not been made from conscious possession of the petitioners nor motorcycles belonged to any of the petitioners. The petitioners have already suffered for more than a month in custody. The petitioners claim clean antecedents.

4. Be that as it may, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj in connection with Bhore P.S. Case No. 148 of 2019 on the following conditions:-

Patna High Court CR. MISC. No.36341 of 2019(2) dt.12-06-2019 2/2 (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T