Patna High CourtCR. MISC./68267/2018bail granted

Sintu Kumar v. The State Of Bihar

2018-11-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68267 of 2018 Arising Out of PS. Case No.-360 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Sintu Kumar, Son of Bodha Rai, Resident of Village- Lala Ke Tola, P.S.- Barahara, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Learned counsel for the petitioner prays for and is allowed to correct paragraph no. 5 of the petition where quantity has been mentioned as 15 Litres instead of 30 Litres. Petitioner seeks bail in Excise Case No. 1428 of 2018 arising out of Barahara P.S. Case No. 360 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 country made liquor.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 08.09.2018.

Patna High Court Cr.Misc. No.68267 of 2018(2) dt.20-11-2018 2/2 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, Excise, Bhojpur at Ara in connection with Excise Case No. 1428 of 2018 arising out of Barahara P.S. Case No. 360 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