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Patna High CourtCR. MISC./62909/2018bail granted

Mewalal Roy @ Mevalal Ray@Mewalal v. The State Of Bihar

2018-10-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62909 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== MEWALAL ROY @ MEVALAL RAY@MEWALAL Son of late Jokhan Roy, Resident of Village-Narayanpur, P.S.-Saraiya, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Vaishali P.S. Case No. 121 of 2018 registered for the offence punishable under Sections 30(a), 38(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 397.44 litres of foreign liquor from the Bolero Pickup Van. It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent. Co-accused, namely, Pramod Ram has been granted bail by this Hon'ble Court vide order dated 20.08.2018 passed in Cr. Misc. No. 51216 of 2018. Petitioner is in custody since 26.05.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.62909 of 2018(2) dt.12-10-2018 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, Vaishali, in connection with Vaishali P.S. Case No. 121 of 2018 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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.

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