Patna High CourtCR. MISC./65044/2018bail granted

Rajesh Kumar v. The State Of Bihar

2018-11-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65044 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Rajesh Kumar, S/o Late Chamru Sao, R/o Nandgola, P.S.- Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nityanand Kumar For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Bakhtiyarpur Rail P.S. Case No. 114 of 2018 (Special Case No. 8722 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 28 Litres of country made liquor.

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 19.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.65044 of 2018(2) dt.05-11-2018 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Bakhtiyarpur Rail P.S. Case No. 114 of 2018 (Special Case No. 8722 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 represented on each and every date fixed by the court.

(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