Patna High CourtCR. MISC./62964/2018bail granted

Kutta Dulari v. The State Of Bihar

2018-10-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62964 of 2018 Arising Out of PS. Case No.-271 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Kutta Dulari, Son of Laxmi Paswan, Resident of Village- Jaitiya, P.S.- Gaurichak, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sudhir Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Gaurichak P.S. Case No. 271 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of 30 Litres of illicit liquor near his house.

It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 20.08.2018.

Considering the aforesaid facts and circumstances of 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 Special Judge

Patna High Court Cr.Misc. No.62964 of 2018(2) dt.12-10-2018 2/2 Excise, Patna, in connection with Gaurichak P.S. Case No. 271 of 2018 , 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