Suraj Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57870 of 2018 ======================================================

1. Suraj Kumar son of Prakash Choudhary, resident of VillageAnkorhigola, P.S. Ankorhigola, District Rohtas.

2. Pintu Kumar Singh son of Dinanath Singh, resident of Village- Rampur, P.O.- Jaipur, P.S.- Sasaram (M), District- Rohtas, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-09-2018 Heard the parties.

The petitioners seek regular bail in connection with Sasaram (M) P.S.Case no.91 of 2018 registered for offences punishable under Sections 30(a), 34 and 38 of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioners is that police raided the place and five persons started fleeing away and they were arrested and 150 ltrs. of liquor has been recovered from the place of occurrence.

Submission of the learned counsel for the petitioners is that they have not been apprehended at the spot and they are in jail custody since 22.7.2018.. They have no criminal antecedent and another co-accused having similar allegation has been granted bail

Patna High Court Cr.Misc. No.57870 of 2018 (2) dt.28-09-2018 2/2 by a Co-ordinate Bench of this Court, vide order dated 20.9.2018 passed in Cr. Misc. No.58479 of 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 IInd Additional District and Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (M) P.S.Case No.91 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 their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T