Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36397 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

PAPPU KUMAR aged about 20 years, male, Son of Ramlal Ram Resident of Village - Shiripur, P.S.- Chhauradano, Distt - East Champaran. 2.

Mukesh Kumar, aged about 28 years, male, Son of Sahdev Ram Resident of Village - Murli, P.S.- Chhauradano, Distt - East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Rajesh Kumar, Advocate.

For the Opposite Party:

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 05.04.2019 in connection with Excise Case No. 218 of 2019 for the offences alleged under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 319.500 litres of Nepali wine. It is submitted that the recovery has not been made from the conscious possession of the petitioners. The petitioners have already suffered more than two months in custody. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.36397 of 2019(2) dt.12-06-2019 2/2

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 Special Judge Excise, Motihari, East Champaran, in connection with Excise Case No. 218 of 2019, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T