Patna High CourtCR. MISC./77932/2018bail granted

Bipin Srivastva v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77932 of 2018 Arising Out of PS. Case No.-243 Year-2018 Thana- GUTHANI District- Siwan ====================================================== Bipin Srivastva son of Hemant Srivastva, resident of village 0- Bhujauli colony P.S. Kotwali Deoria, Distt. - Deoria (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Guthni P.S. Case No. 243 of 2018 registered for the offence punishable under Sections 30(a), 38(i) and 41 (I) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioner is of recovery of 397.440 litres of foreign liquor from the Scorpio. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 19.10.2018.

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/- (ten thousand) with two

Patna High Court Cr.Misc. No.77932 of 2018(2) dt.04-01-2019 2/2 sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with Guthni P.S. Case No. 243 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