Patna High CourtCR. MISC./58794/2018bail granted

Jitendra Ram v. The State Of Bihar

2018-09-27Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58794 of 2018 Arising Out of PS. Case No.-390 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Jitendra Ram son of late Nagendra Ram resident of Village - Ashogi, Shivnagar, Ward No. 6, P.S. Bairgania, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Case No. C2/390/18 / 512/18 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 48 Litres of Nepali Soufi Liquor from the possession of the petitioner. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 31.08.2018 passed in Criminal Miscellaneous No. 54021 of 2018. Petitioner has got no criminal antecedent and is in custody since 26.07.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.58794 of 2018(2) dt.27-09-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Case No. C2/390/18 / 512/18, 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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.

(S. Kumar, J) ranjan/- U