Patna High CourtCR. MISC./7212/2019bail granted

Aditya Kumar v. The State Of Bihar

2019-05-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7212 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Aditya Kumar son of Late Baban Singh Resident of Village- Kodarma, P.STilaiya , Dist- Kodarma , State - Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Barachatti (Mohanpur) P.S. Case No. 430/2018, instituted for the offences under Sections 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016. Earlier prayer for bail of the petitioner was rejected by this Court in Cr. Misc. No. 58234/2018 dated 05.10.2018 with liberty to renew the prayer for bail after six months. Learned counsel for the petitioner has submitted that more than six months has elapsed. Petitioner is renewing the prayer for bail as per observation of this Court made in Cr. Misc. No. 58234/2018 dated 05.10.2018.

Petitioner is in custody since 29.06.2018.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above

Patna High Court CR. MISC. No.7212 of 2019(2) dt.01-05-2019 2/2 named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 430/2018, subject to the conditions that, (i) both the bailors shall be the close relative of the petitioner.

(ii) petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T