Piyush Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64908 of 2018 Arising Out of PS. Case No.-514 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ======================================================

1. Piyush Kumar, Son of Karelal Sharma,

2. Indal Kumar, Son of Rudal Prasad Yadav, Both are residents of Village- Narayanpur, Police Station- Bhawanipur, DistrictBhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 Heard the parties.

The petitioners seek regular bail in connection with Kotwali (Barari) P.S.Case No.514 of 2018 dated 8.8.2018 registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners as per FIR is that the police intercepted a truck loaded with 3086 ltrs. of liquor. Further allegation is that the petitioners were escorting the truck by motorcycle and seeing the police party they fled away. Submission of the learned counsel for the petitioners is that nothing has been recovered from their possession and they have no criminal antecedent. They are in custody since

Patna High Court Cr.Misc. No.64908 of 2018(3) dt.27-11-2018 2/3 8.8.2018. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge cum Special Judge, Excise, Bhagalpur in connection with Kotwali (Barari) P.S.case No.514 of 2018..

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

Patna High Court Cr.Misc. No.64908 of 2018(3) dt.27-11-2018 3/3 With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T