Patna High CourtCR. MISC./70808/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-12-10Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70808 of 2018 Arising Out of PS. Case No.-401 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Deepak Kumar, Son of Gayani Rai, Resident of Village- Ahiyapur Police Station- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumari Sujata Sinha For the Opposite Party/s :

Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Minapur P.S. Case No. 401 of 2018 registered for the offence punishable under Sections 30(a), 38, 41 and 47 of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 1352.160 Litres of foreign liquor from the house of Ajay Rai. Allegation against the petitioner is that he was fleeing away from the place when police raided there.

Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 24.09.2018.

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

Patna High Court Cr.Misc. No.70808 of 2018(2) dt.10-12-2018 2/2 amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, in connection with Minapur P.S. Case No. 401 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 offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U