Patna High CourtCR. MISC./79059/2018bail granted

Pancham Rai And ANR v. The State Of Bihar

2019-01-09Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79059 of 2018 Arising Out of PS. Case No.-611 Year-2018 Thana- MANER District- Patna ======================================================

1. Pancham Rai Son of Ramishwar Rai

2. Dharmendra Rai Son of Pancham Rsai Both R/o Sadikpur Bagicha (Nilkanth Tola), P.s. - maner, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the parties.

Petitioners seek bail in Special Case No.10875 of 2018 arising out of Maner P.S. Case No.611 of 2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 24 litres country made liquor from the possession of the petitioners.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case as nothing has been recovered from their possession. Petitioners have no criminal antecedent and they are in custody since 16.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail

Patna High Court Cr.Misc. No.79059 of 2018(2) dt.09-01-2019 2/2 upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No.10875 of 2018 arising out of Maner P.S. Case No.611 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T