Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78017 of 2018 Arising Out of PS. Case No.-262 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Gautam Kumar S/o Prem Pradeep Prasad @ Punni Mahto @ Pradip Kumar, R/o Vill.- Farha, P.S,- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Akbarpur P.S. Case No. 262 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 25 litres country made liquor from an orchard.

It has been submitted on behalf of the petitioner that he is innocent and the alleged recovered liquor does not belong to him. Petitioner has no criminal antecedent and he is in custody since 02.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special

Patna High Court Cr.Misc. No.78017 of 2018(2) dt.07-01-2019 2/2 Judge, Nawada in connection with Akbarpur P.S. Case No. 262 of 2018, with following conditions:- (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 properly 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) Sanjay/- U T