Patna High CourtCR. MISC./47537/2018bail granted

Binod Kumar Kushwaha v. The State Of Bihar

2018-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47537 of 2018 Arising Out of PS.Case No. -189 Year- 2018 Thana -RAMPUR District- GAYA ======================================================

1. Binod Kumar Kushwaha S/o Jaman Mahto, R/o Chor Mohalla, P.S.- Chatra, District- Chatra (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Rampur P.S.Case No. 189 of 2018 registered for offences punishable under Section 414 of the Indian Penal Code and under Section 30 (a) of Bihar Prohibition and Excise Act, 2016. As per F.I.R. allegation against the petitioner is of recovery of 444 liters of country made liquor from the Indigo car of the petitioner and he has been apprehended on the spot. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and he is only a driver of the vehicle and the petitioner is ibn custody since 01.06.2018 and he has no criminal antecedent.

Patna High Court Cr.Misc. No.47537 of 2018 (3) dt.26-09-2018 2/2 Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Rampur P.S.Case No. 189 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T