Patna High CourtCR. MISC./74316/2018bail granted

Mukesh Kumar Rai v. The State Of Bihar

2018-12-14Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74316 of 2018 Arising Out of PS. Case No.-311 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Mukesh Kumar Rai Son of Ram Naresh Rai Resident of Village-Kacha Ward No.9 P.S. Ghataho,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 :

Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 311 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 34.6 Litres of foreign liquor from the house of the petitioner. 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 24.10.2018.

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.74316 of 2018(2) dt.14-12-2018 2/2 amount each to the satisfaction of learned Additional Sessions Judge 3rd cum Special Judge Excise, Samastipur, in connection with Excise Case No. 311 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