Patna High CourtCR. MISC./69497/2018bail granted

Radheshyam Prasad v. The State Of Bihar

2018-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69497 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Radheshyam Prasad S/o Binda Prasad @ Binda Sah, resident of VillageHanumant Nagar Laxmipur, P.S.- Siwan Town Police Station, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kant For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. C-III197/18 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 6.120 Litres of foreign liquor outside the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 29.08.2018. 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/- with two sureties of the like

Patna High Court Cr.Misc. No.69497 of 2018(2) dt.04-12-2018 2/2 amount each to the satisfaction of learned Additional District and Sessions Judge-11, Siwan, in connection with Excise Case No. C-III-197/18, 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 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.

(S. Kumar, J) ranjan/- U