Ramprakash Rajbhar @ Ramprakash Bhar @ Surua And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76696 of 2018 Arising Out of PS. Case No.-193 Year-2018 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1) Ramprakash Rajbhar @ Ramprakash Bhar @ Surua 2) Ramprawesh Rajbhar Both sons of Gorakh Rajbhar, resident of village, Navka Tola, P.S.- Vijaipur, District, Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No-5 For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioners seek bail in Bijaipur @ Vijaypur @ Vijaipur P.S. Case No.193/2018 registered for the offence punishable under Sections 30(a) and 37(b) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 70 litres Mahua wine from the plastic bottles which belonged to the petitioners. It has been submitted on behalf of the petitioners that they have falsely been implicated in this case merely on the basis of suspicion. It has further been submitted that nothing has been recovered from the conscious possession of the petitioners. Petitioners are in custody since 19.10.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.76696 of 2018(2) dt.19-12-2018 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special judge, Excise, Gopalganj in connection with Bijaipur @ Vijaypur @ Vijaipur P.S. Case No.193/2018 , 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.

(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 petitioners.

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