Patna High CourtCR. MISC./55918/2018bail granted

Pawan Kumar v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55918 of 2018 Arising Out of PS.Case No. -310 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Pawan Kumar S/o Ram Sagar Rai, R/o Vill.- Bhodhar, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ghorasahan (Jharaukher) P.S. Case No.310 of 2018 registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per F.I.R. is that this petitioner and co-accused were apprehended by police carrying 60 litres of Nepalese liquor on motorcycle.

It has been submitted that the police party has implicated the petitioner with ulterior motive. He is in custody since 02.08.2018 having clean antecedent and so he deserves bail.

Patna High Court Cr.Misc. No.55918 of 2018 (3) dt.28-09-2018 2/2 The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Special Judge, Excise, Motihari, East Champaran in connection with Ghorasahan (Jharaukher) P.S. Case No.310 of 2018, subject to the following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Harish/- U