Munchun Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77654 of 2018 Arising Out of PS. Case No.-378 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Munchun Bhagat S/o Ramchandra Bhagat, R/o Jagannathpur, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 378 of 2018 registered for the offence punishable under Sections 30(a) and 56(B) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is that he was apprehended from the pick up van on which 783 litres of foreign liquor was recovered.

It has been submitted on behalf of the petitioner that he is the cleaner of the vehicle and was not aware as to what was kept in the Bolero vehicle. Petitioner has no criminal antecedent and he is in custody since 12.10.2018.

Patna High Court Cr.Misc. No.77654 of 2018(2) dt.02-01-2019 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, in connection with Excise Case No. 378 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