Pawan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77636 of 2018 Arising Out of PS. Case No.-571 Year-2018 Thana- AMARPUR District- Banka ======================================================

1. Pawan Kumar, S/o Jitan Mandal,

2. Kedar Panjiyara S/o Tej Narayan Panjiyara , Both are R/o Vill.- Deshra, P.S.- Banka, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Sri Mustaque Alam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for petitioner sand learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Amarpur P.S. Case No. 571 of 2018 registered for the offences punishable under Sections 30(a), 32(2) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 27 liters of country made liquor from the possession of the petitioners. It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. Petitioners have been falsely implicated in this case due to dirty village politics. Petitioners have no criminal antecedent and are in custody since 03.11.2018.

Patna High Court Cr.Misc. No.77636 of 2018(2) dt.02-01-2019 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 2nd, Banka, in connection with Amarpur P.S. Case No. 571 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Rajiv/- U T