Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77904 of 2018 Arising Out of PS. Case No.-428 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Arvind Kumar Son of Late Pachu Manjhi Resident of Village - Jayrampur, P.S. - Dobhi, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh ====================================================== 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 Excise Case No. 428 of 2018 registered for the offence punishable under Sections 30(a) and 56(B) of the Bihar Prohibition & Excise Act, (Amended), 2018.

Allegation against petitioner is of recovery of 10 litres of Mahua liquor and 100 Kg of Mahua flower from the Jute sack.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 19.11.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77904 of 2018(2) dt.04-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan, in connection with learned Special Judge, Excise Act, Gaya, 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