Indrajeet Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69833 of 2018 Arising Out of PS. Case No.-387 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Indrajeet Mallah, Son of Sri Kawal Mallah @ Kawal Mallah, Resident of Village- Kajhar Ghat, P.S.- Kudra, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Sunil For the Opposite Party/s :

Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Excise Case No. 805 of 2018 corresponding to Kudra P.S. Case No. 387 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegation against petitioner is of recovery of 158 litres of foreign liquor from the open field. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 10.09.2018.

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.69833 of 2018(2) dt.07-12-2018 2/2 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), Kaimur (Bhabua), in connection with Excise Case No. 805 of 2018 corresponding to Kudra P.S. Case No. 387 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