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Patna High CourtCR. MISC./68816/2019bail granted

Sunil Kumar Anand v. The State Of Bihar

2019-12-04Mr. Justice S. Kumar2 pages

vIN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68816 of 2019 Arising Out of PS. Case No.-661 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== 1.

SUNIL KUMAR ANAND Son of Laxman Prasad Resident of VillageSonwarsha, P.S.-Nawanagar, District-Buxar. 2.

Ganesh Kumar Son of Sri Shatrudhan Prasad Resident of VillageSonwarsha, P.S.-Nawanagar, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh For the Opposite Party/s :

Mr. Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegation against the petitioners is of recovery of 139.75 litres of illicit liquor from the car and two persons were arrested from the car.

It has been submitted on behalf of the petitioners that they are innocent and were not aware that the illicit liquor was kept in the car. Petitioners are in custody since 07.09.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.68816 of 2019(2) dt.04-12-2019 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No. 661/2019, arising out of Excise P.R. No. 19/2019-20 with following conditions:-

(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 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioners tamper 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. (S. Kumar, J) Ranjeet/- U T