Monu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77056 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== Monu Pandey, S/o Ravindra Nath Pandey, resident of Village- Khatwara, P.S.- Vighwara, District- Pratapgadh (U.P.).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with G.O. No. 743 of 2018 arising out of Singhwara P.S. Case No. 171 of 2018 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation against petitioner and other co-accused is of recovery of 4,627.44 litres of country made foreign liquor from the truck which was parked near Dal Mill of co-accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 24.08.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77056 of 2018(2) dt.21-12-2018 2/2 the case, let the petitioner named above 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 4th Additional Sessions Judge - cum-Special Judge, Excise Act, Darbhanga, in connection with G.O. No. 743 of 2018 arising out of Singhwara P.S. Case No. 171 of 2018 subject to the conditions that:-

(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 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) veena/- U T