Deepak Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75555 of 2018 Arising Out of PS. Case No.-498 Year-2018 Thana- MUFFASIL District- West Champaran ======================================================

1. Deepak Kumar, Son of Chhotelal Chaudhary, resident of Village- Patarkha, Police Station- Manuapul O.P, District- West Champaran.

2. Ajay Manjhi, Son of Nagina Manjhi, Resident of VillageBagahi Baghambarpur, Police Station- Shrinagar (Pujahan), District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 498 of 2018 registered for the offence punishable under Sections 467, 468, 471, 414 of the Indian Penal Code and Sections 30(A), 30(B) of the Bihar Prohibition and Excise Act, 2016. Allegation against petitioners is of recovery of 10 litres of country made liquor from their possession. It has been submitted on behalf of the petitioners that co-accused, namely Bharat Chaudhary has been granted bail by this Hon'ble Court vide order dated 10.12.2018 passed

Patna High Court Cr.Misc. No.75555 of 2018(2) dt.18-12-2018 2/2 in Cr. Misc. No. 73091 of 2018. Petitioners have no criminal antecedent and they are in custody since16.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Bettiah, West Champaran, in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 498 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

(4) If the petitioners is found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bond. (S. Kumar, J) veena/- U T