Raj Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78023 of 2018 Arising Out of PS. Case No.-519 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Raj Kumar Giri S/o Ramdeo Giri @ Ramdev Giri, R/o Vill.- Murtiya Thakurayi Tola, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 519 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 65 litres Nepali liquor from the bags which were thrown by the accused persons including the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case and the real culprits fled away and he was arrested on suspicion. Petitioner has no criminal antecedent and he is in custody since 05.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.78023 of 2018(2) dt.07-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, East Champaran, Motihari in connection with Excise Case No. 519 of 2018 registered, with following 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 properly 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) Sanjay/- U T