Patna High CourtCR. MISC./62975/2018bail granted

Deepak Kumar And ANR v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62975 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- GAIGHAT District- Muzaffarpur ======================================================

1. Deepak Kumar, Son of Kaptan Singh, Resident of VillageFosbala @ Fharaush, P.S.-Sadar, Kaithal, District-Kaithal (Hariyana)

2. Rahul Kumar S/o Raushan lal Resident of Village- Amargadh, Jamini Gali No.-1.P.S.-Civil Line, Kaithal District-Kaithal (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Gaighat P.S. Case No. 197 of 2018 registered for the offence punishable under Sections 414, 467, 468/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

Allegation against petitioners are of recovery of 298 litres of Royal Stag from the dickey of the car. It has been submitted on behalf of the petitioners that petitioners have no criminal antecedent and they are in custody since 20.06.2018.

Patna High Court Cr.Misc. No.62975 of 2018(2) dt.12-10-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Gaighat P.S. Case No. 197 of 2018 subject to the conditions that:-

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

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners 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 petitioners.

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