Patna High CourtCR. MISC./74241/2018bail granted

China Mushar v. The State Of Bihar

2018-12-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74241 of 2018 Arising Out of PS. Case No.-347 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== China Mushar Son of Prithavi Mushar, Resident of Village- Udawant Nagar (Sikaria Tola) P.S.-Udawant Nagar, District Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Udawant Nagar P.S. Case No. 347 of 2018, Excise Case No. 1486 of 2018 registered for the offence punishable under Sections 30(a), 37(C) of Bihar Prohibition and Excise Act, 2016. Allegation against petitioner is of recovery of 25 litres of Mahua wine from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Petitioner has no criminal antecedent and he is in custody since 16.09.2018.

Considering the aforesaid facts and circumstances of the

Patna High Court Cr.Misc. No.74241 of 2018(2) dt.13-12-2018 2/2 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 4th Additional Sessions Judge cum Spl. Judge Excise, Bhojpur at Ara, in connection with Nagar P.S. Case No. 347 of 2018, Excise Case No. 1486 of 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