Patna High CourtCR. MISC./78582/2018bail granted

Bittu Kumar v. The State Of Bihar

2019-01-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78582 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- CHAND District- Bhabhua (Kaimur) ====================================================== Bittu Kumar, S/o Radheshyam Bind, Resident of Village Amarha, P.S. Bhabua, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 933 2018 arising out of Chand P.S. Case No.225 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 10 litres country-made liquor from the carrier of the motorcycle which was being driven by the petitioner.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 26.10.2018. 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

Patna High Court Cr.Misc. No.78582 of 2018(2) dt.04-01-2019 2/2 amount each to the satisfaction of learned Special Judge (Excise)-cum-A.D.J.-VI, Kaimur at Bhabua in connection with Excise Case No. 933 2018 arising out of Chand P.S. Case No.225 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