Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70820 of 2018 Arising Out of PS. Case No.-298 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Niraj Kumar, Son of Rudal Sah, Resident of Village- Majhiaon (Katar), Police Station- Piro (Hasan Bazar O.P.), District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rahul Nath For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioners seeks bail in Piro (Hasan Bazar O.P.) P.S. Case No. 298 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of 27 litres of foreign liquor from the motorcycle which was ridden by co-accused and petitioner was the pillion rider. Petitioner fled away and his name was disclosed by the co-accused and the premises of petitioner was raided from where 126.160 litres of foreign liquor was recovered by the police.

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

Patna High Court Cr.Misc. No.70820 of 2018(2) dt.10-12-2018 2/2 08.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 4th ADJ, Bhojpur at Ara, in connection with Piro (Hasan Bazar O.P.) P.S. Case No. 298 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 offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U