Saurabh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70884 of 2018 Arising Out of PS. Case No.-246 Year-2018 Thana- SAMASTIPUR District- Samastipur ======================================================
1. Saurabh Kumar Son of Late Amarnath Paswan Resident of Mohalla-Bahadurpur,Ward No.27,P.S. Samastipur (Town),Distt.- Samastipur
2. Deepak Kumar Son of Late Arvind Kumar @ Arvind Kumar Ray Resident of Mohalla-Gudari Bazar,Ward No.21,P.S.Samastipur(Town),Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Samastipur (Town) P.S. Case No.246 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 17.640 litres foreign liquor from the possession of the petitioners while they were riding the motorcycle.
It has been submitted on behalf of the petitioners that they have falsely been implicated in this case due to local village politics. Petitioners have no criminal antecedent and they are in custody since 11.10.2018.
Considering the aforesaid facts and circumstances of
Patna High Court Cr.Misc. No.70884 of 2018(2) dt.12-12-2018 2/2 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 Additional Sessions Judge-III-cum-Special Judge, Excise, Samastipur in connection with Samastipur (Town) P.S. Case No.246 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 properly 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.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.
(S. Kumar, J) Sanjay/- U T