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Patna High CourtCR. MISC./45763/2019bail granted

Kuldeep Singh v. The State Of Bihar

2019-08-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45763 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

KULDEEP SINGH Son of Balwant Singh Resident of Village - Tiwala, P.S.- Charkhi Dadri, Dist.- Bhiwani (Haryana).

2.

Sunil @ Sunil Pal Son of Madan Pal Resident of Village - Dakhan Khas, P.S.- Tosam, Dist.- Bhiwani (Haryana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and the learned counsel for the State .

The petitioners seek bail in Excise case no. 251 of 2018 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prayer for bail of the petitioners was earlier rejected by this Court vide order dated 16.1.2019 passed in Cr. Misc. no. 77536 of 2018 with liberty to petitioners to renew their prayer for bail after six months in the event no substantive progress is made in the trial.

Report called for from the court below has been received from which it appears that after framing of charge not a

Patna High Court CR. MISC. No.45763 of 2019(3) dt.07-08-2019 2/2 single witness has been examined in this case. Petitioners are in custody since 29.10.2018. Considering the aforesaid, 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 the 2nd Addl. Sessions Judgecum-Special Judge, Excise Gopalganj in connection with Excise case no. 251 of 2018 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioners.

(ii) The petitioners shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioners.

(iii) If petitioners tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioners.

(Sanjay Priya, J) shyambihari/- U T