Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77051 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== Chintu Kumar, Son of Dinesh Prasad @ Dinesh Ram, Resident of Bhutnath, Daudbigha, Police Station- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Smt. Sucheta Yadav ====================================================== 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 Rail (Danapur) P.S. Case No. 87/2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 18 litres of foreign liquor from the bag.

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 25.09.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77051 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 Special Judge, Excise, Patna, in connection with Rail (Danapur) P.S. Case No. 87/2018 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