Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22719 of 2018 Arising out of PS. Case No.-74 Year-2018 ThanaGOVERNMENT OFFICIAL COMP. District- East Champaran =============================================== Vivek Kumar, Son of Bhairolal Rai, Resident of VillagePachpokhariya, (Kurminiya) P.S.-Mahuawa (Chhauradano), District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s :Mr. Lalan Kumar, APP ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences under Section 30 (A) of the Bihar Prohibition and Excise Act, 2016.

It is contended that as per allegation, 36 liters of Nepali Saufi Wine was recovered from the motorcycle which was being driven by the petitioner. It is further contended that the petitioner is accused in one another case, i.e., Chhauradano P.S. Case No. 108/2017 under Section 30(A) of Bihar Prohibition and Excise Act, 2016. It is urged that the petitioner

Patna High Court Cr.Misc. No.22719 of 2018(2) dt.19-04-2018 2/3 is in custody since 14.02.2018.

Considering the facts and the circumstances of the case, the petitioner, abovenamed is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV-cum-Special Judge, Excise Act, East Champaran at Motihari in connection with Excise Case No. 74 of 2018 with a condition that if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Motihari, East Champaran within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will

Patna High Court Cr.Misc. No.22719 of 2018(2) dt.19-04-2018 3/3 be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) Vikash/- U T