Kapil Mistry @ Rohit Kumar @ Kapil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51319 of 2018 Arising Out of PS.Case No. -47 Year- 2017 Thana -AKBARPUR District- NAWADA ======================================================

1. Kapil Mistry @ Rohit Kumar @ Kapil Kumar S/o Vijay Mistri, R/o Vill.- Kannauj, P.S,- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hansraj, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioner is apprehending his arrest in connection with Akbarpur P.S. Case No. 47/17, registered for offences punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016.

Allegation as per F.I.R. is of recovery of 20 litres of country made liquor.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and recovery has been made from an open place and not from the possession of the petitioner. Further he is a student of engineering and has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.51319 of 2018 (2) dt.14-09-2018 2/2 the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J -II-cum-Special Judge, Excise Act, Nawada, in connection with Akbarpur P.S. Case No. 47/17, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T