Viresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78571 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Viresh Kumar, son of Yugal Singh, resident of village Akashpur Ranchiyahi, P.S. Singhoul, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr.Sri Iftekhar Mahmood (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Phulwaria P.S. Case No. 149 of 2018 (G.R. No. 11 of 2018) registered for the offences punishable under Sections 120(B), 414/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. Informant who is police officer has alleged that he received a secret information and reached the place of occurrence and apprehended petitioner with three other coaccused who were seated in two vehicles and on search from the Scorpio recovered 48 bottles of 375 ml. of Royal Stag foreign liquor and from dickey of the Swift Car 12 bottles of 750 ml. and 24 bottles of 375 ml. of Royal Stage foreign liquor were rerecord.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.78571 of 2018(2) dt.18-01-2019 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 01.11.2018.

Considering the aforesaid fact 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 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai, in connection with Fulwariya P.S. Case No. 149 of 2018 (G.R. No. 11 of 2018), subject to conditions:

(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 bonds.

(S. Kumar, J) Rajiv/- U T