Karu Mochi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78027 of 2018 Arising Out of PS. Case No.-270 Year-2018 Thana- SALIMPUR District- Patna ======================================================
1. Karu Mochi, S/o Late Jagruk Mochi,
2. Sikesh Mochi @ Sikesh Das S/o Karu Mochi, Both are R/o Vill.- Bardiha, P.S.- Dhanrua, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Chaudhary For the Opposite Party/s :
Mr.Smt. Veena Rani Prasadd.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.
Petitioners seek bail in Special Case No.9422 of 2018 arising out of Salimpur P.S. Case No.270 of 2018 registered for the offence punishable under Sections 30(a) and 37(a) of the Bihar Prohibition & Excise Act, 2016.
Allegation is recovery of 19.8 litres country made liquor from the house of the petitioner.
It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case as nothing was recovered from the conscious possession of the petitioners. Petitioners have no criminal antecedent and they are in custody since 07.10.2018.
Considering the aforesaid facts and circumstances of
Patna High Court Cr.Misc. No.78027 of 2018(2) dt.07-01-2019 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 Special Judge, Excise Patna, in connection with Special Case No.9422 of 2018 arising out of Salimpur P.S. Case No.270 of 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