Patna High CourtCR. MISC./42062/2019bail granted

Mahendra v. The State Of Bihar

2019-08-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42062 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.

MAHENDRA Son of Late Jai Gopal 2.

Sandeep Son of Gurucharan Singh Both Resident of Village - Jind, P.S.- Jind, District- Jind (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in C-III 187 of 2018, instituted for the offence under Section (s) 30(a) of Bihar Prohibition & Excise Act, 2016.

Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 12.12.2018 passed in Cr. Misc. 71395 of 2018 with liberty to renew their prayer for bail after six months in the event no substantive progress is made in the trial.

Report was called for from the court below which has been received. From the report it appears that case is still pending for appearance of the accused persons.

Patna High Court CR. MISC. No.42062 of 2019(5) dt.21-08-2019 2/2 Petitioners are in custody since 6.8.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd - cum Special Judge, Excise, Siwan, in connection with C-III 187 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners with further conditions which are as follows: (i) Petitioners 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 petitioners will liable to be cancelled and (iii) if petitioners tamper 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 petitioners.

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