← Library
Patna High CourtCR. MISC./46749/2019bail granted

Mithun Kumar v. The State Of Bihar

2019-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46749 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MANER District- Patna ====================================================== Mithun Kumar Son of Ramnath Paswan Resident of Village - Khaspura, P.O. and P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Maner P.S. Case No. 79 of 2019 (Special Case No. 1527 of 2019), registered for the offences punishable under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

Twelve litres of Mahua liquour is said to have been recovered from possession of this petitioner. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is in custody since 10.02.2019 having no criminal antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.46749 of 2019(3) dt.25-09-2019 2/2 amount each to the satisfaction of the learned Special Judge Excise, Patna in connection with Maner P.S. Case No. 79 of 2019 (Special Case No. 1527 of 2019) subject to condition:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T