Ankit Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77087 of 2018 Arising Out of PS. Case No.-950 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Bhabhua (Kaimur) ====================================================== Ankit Kumar Upadhyay, S/o Gauri Shankar Upadhyay @ Rama Shankar Upadhyay, Presently resident of Golachhani, P.S.- Model Thana (Sasaram), District- Rohtas at Sasaram, Permanent resident of Pahari, P.S.- Kargahar, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 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. 950 of 2018 (P.R. No. 27/1819) registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation against petitioner is of recovery of 112.320 litres of foreign liquor from the vehicle which was being occupied by three accused persons.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since

Patna High Court Cr.Misc. No.77087 of 2018(2) dt.21-12-2018 2/2 31.10.2018.

Considering the aforesaid facts 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 Special Judge, Excise, Kaimur at Bhabua, in connection with Excise Case No. 950 of 2018 (P.R. No. 27/18-19) 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