Patna High CourtCR. MISC./5737/2021bail granted

Anil Kumar v. The State Of Bihar

2021-04-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5737 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== ANIL KUMAR Son of Sri Surendra Sahni Resident of Village - Barkagaon, P.S.- Karja, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-04-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

Allegation is recovery of 90 litres foreign liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. The seized liquor has not been recovered from conscious possession of the petitioner rather the same has been recovered from joint house of the petitioner. Petitioner has no criminal antecedent and he is in custody since 24.09.2020. Considering the aforesaid facts and circumstances of the

Patna High Court CR. MISC. No.5737 of 2021(2) dt.13-04-2021 2/2 case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Excise Case No. 144 of 2020 arising out of P.R. No. 31 of 2020, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) shahzad/- U T