Patna High CourtCR. MISC./64086/2018bail granted

Shubham Kumar And ANR v. The State Of Bihar

2018-10-30Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64086 of 2018 Arising Out of PS. Case No.-466 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================

1. Shubham Kumar Son of Gopal Rai Resident of Village-Papraur, P.S. Barauni, District-Begusarai.

2. Rahul Kumar Singh @ Rahul Kumar @ Rahul Mangalam, Son of Arvind Singh, Resident of Village-Khambhar, P.S. Muffasil, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seeks bail in connection with Muffasil P.S. Case No. 466 of 2018 registered for the offence punishable under Sections 30(a) of Bihar Excise Prohibition Act, 2016.

Allegation against petitioners is of recovery of 88.56 litres of foreign liquor from their possession. It has been submitted on behalf of the petitioners that liquor has been seized from the open space and this place is not under the exclusive possession of the petitioners. Nothing has been recovered from the conscious possession of the

Patna High Court Cr.Misc. No.64086 of 2018(2) dt.30-10-2018 2/2 petitioners. Petitioners are in custody since 14.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II cum-Special Judge, Bihar Prohibition Excise, Act, Begusarai, in connection with Muffasil P.S. Case No. 466 of 2018 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

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