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Patna High CourtCR. MISC./68344/2018bail granted

Sonu Kumar And ANR v. The State Of Bihar

2018-11-30Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68344 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- GWALPARA District- Madhepura ======================================================

1. Sonu Kumar , Son of Dilip Prasad Yadav, Resident of VillageSabaila, Ward No.-9, Police Station- Sour Bazar, DistrictSaharsa.

2. Rahul Kumar, S/o Birendra Prasad Yadav @ Birendra Yadav, Resident of Village- Sour Bazaar Ward No.-7, Baijnathpur, Police Station- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Reebha Kumari For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for the parties.

Petitioners seek bail in Gwalpara P.S. Case No.154 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 252 litres country made liquor from dickey of the car in which the petitioners were sitting.

It has been submitted on behalf of the petitioners that they have been falsely implicated in this case as the real culprit after seeing the police fled away and they were arrested. Petitioners have got no criminal antecedent and are in custody

Patna High Court Cr.Misc. No.68344 of 2018(2) dt.30-11-2018 2/2 since 04.09.2018.

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/- each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Madhepura in connection with Gwalpara P.S. Case No. 154 of 2018 with following conditions:- (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 represented on each and every date fixed by the court.

(3) If the petitioners tamper 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) Sanjay/- U T