Patna High CourtCR. MISC./63250/2018bail granted

Kamal Sahni v. The State Of Bihar

2018-10-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63250 of 2018 Arising Out of PS. Case No.-263 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Kamal Sahni son of late Phudar Sahni, resident of Village- Bhorejayram, P.S. Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 263 of 2018 registered for the offence punishable under Section under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of 9 Litres of illicit liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Petitioner has got no criminal antecedent and is in custody since 03.09.2018.

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

Patna High Court Cr.Misc. No.63250 of 2018(2) dt.26-10-2018 2/2 amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, Excise, Samastipur, in connection with Excise Case No. 263 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