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Patna High CourtCR. MISC./72499/2018bail granted

Ashok Kumar v. The State Of Bihar

2018-12-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72499 of 2018 Arising Out of PS. Case No.-644 Year-2006 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Ashok Kumar, son of Ramdeo Ram, resident of Mohalla- Dashratha, Police Station Beur, Distt. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.8460 of 2018 arising out of Case No.644(2) of 2006 instituted for the offence under Section(s) 47-A of Bihar Prohibition and Excise Act, 2016.

It is a case of misuse of privilege of bail. Petitioner is in custody since 10.09.2018.

From the impugned order, it appears that earlier petitioner was on bail. His bail bond was cancelled on 17.04.2017.

It appears that it is a case under Excise Act and petitioner has sufficiently been punished for the latches

Patna High Court Cr.Misc. No.72499 of 2018(2) dt.07-12-2018 2/2 committed by him.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Special Case No.8460 of 2018 arising out of P.R. Thana Case No.644(2) of 2006, subject to the condition that both the bailors shall be close relative of the petitioner. Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T