Dhunmun Yadav @ Dhunmun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77741 of 2018 Arising Out of PS. Case No.-440 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== Dhunmun Yadav @ Dhunmun Ray Son of Budhan Ray Resident of VillageKazi Chak, P.S- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No.2010/ 2018 arising out of Koilwar P.S. Case No.440 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 40 litres Mahua wine from the possession of the petitioner while he was selling illicit liquor on the motorcycle.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case as the seized motorcycle does not belong to the petitioner. Petitioner has no criminal antecedent and he is in custody since 07.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.77741 of 2018(2) dt.03-01-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge, Bhojpur at Ara in connection with Excise Case No.2010 of 2018 arising out of Koilwar P.S. Case No.440 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