Ram Nivas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38678 of 2019 Arising Out of PS. Case No.-147 Year-2018 Thana- MAHISHI District- Saharsa ====================================================== RAM NIVAS Son of - Chotu Ram @ Chhotu Ram Resident of Village- Tajpur Kalan, P.S.- Alipur, District- Delhi 36, State- Delhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Special (Excise) Case No. 345 of 2018 arising out of Mahishi (Jalai O.P.) P.S. Case No. 147 of 2018, instituted for the offence under Section(s) 30 A, 38(i) and 41(i) of Bihar Prohibition and Excise Act, 2016. Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 2.11.2018 passed in Cr. Misc. 65177 of 2018 with liberty to renew his prayer for bail after six months.

Report was called for from the court below which has been received. From the report it appears that two witnesses have been examined and seven are yet to be examined. Petitioner is in custody since 26.6.2018.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.38678 of 2019(4) dt.31-07-2019 2/2 the case, 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 A.D.J. II cum Special Judge, Excise Act, Saharsa, in connection with Special (Excise) Case No. 345 of 2018 arising out of Mahishi (Jalai O.P.) P.S. Case No. 147 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T