Baijnath Prasad @ Dhodwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75857 of 2018 Arising Out of PS. Case No.-534 Year-2018 Thana- KOTWALI District- Patna ====================================================== Baijnath Prasad @ Dhodwa Son of Late Rewati Prasad Resident of MohallaKamla Nehru Nagar,Police Station Kotwali,Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2, Advocate For the Opposite Party/s :
Mr. Sri Parmanand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Special Case No. 7555 of 2018 arising out of Kotwali P.S. Case No. 534 of 2018 registered for the offences punishable under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.
Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 57378 of 2018 which was rejected on 19.09.2018 with a liberty to renew his prayer for bail after completion of three months.
Considering the aforesaid facts and circumstances of the case and the observation made in order dated 19.09.2018 passed in Cr. Misc. No. 57378 of 2018, petitioner named above
Patna High Court Cr.Misc. No.75857 of 2018(2) dt.19-12-2018 2/2 be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 7555 of 2018 arising out of Kotwali P.S. Case No. 534 of 2018, subject to 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 and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(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) Rajiv/- U T