Patna High CourtCR. MISC./68338/2018bail granted

Amrish Kumar And ANR v. The State Of Bihar

2018-11-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68338 of 2018 Arising Out of PS. Case No.-473 Year-2018 Thana- DIGHA District- Patna ======================================================

1. Amrish Kumar, son of Subhash Rai, R/o Village- Baraura, P.S.- Garhani, District- Ara.

2. Sonu Kumar, Son of Anil Rai, Village- Sonpur Pahlezagahat, P.S.- Sonpur, District- Chhapra, Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard the learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Special Case No. 8596 of 2018 arising out of Digha P.S. Case No. 473 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Madhya Nishedh and Excise Act, 2016.

Allegation against the petitioners is of recovery of 12 liters of country made foreign liquor from the possession of the petitioners.

It has been submitted that petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from their conscious possession. They have no criminal antecedent and are languishing in judicial custody since

Patna High Court Cr.Misc. No.68338 of 2018(2) dt.28-11-2018 2/2 17.09.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 8596 of 2018 arising out of Digha P.S. Case No. 473 of 2018 with following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operative 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) sushma/- U