Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70366 of 2019 Arising Out of PS. Case No.-412 Year-2019 Thana- ATRI District- Gaya ====================================================== 1.

RAJU KUMAR S/o Vijay Yadav R/o village- Miragpur, P.S.- Wazirganj, District- Gaya.

2.

Ravindra Kumar S/o Kuleshwar Yadav @ Fuleshwar Yadav R/o villageMiragpur, P.S.- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Atri P.S. Case No. 412 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 50 litres of country made Mahua from the possession of petitioners while both of them were riding motorcycle.

It has been submitted on behalf of petitioners that nothing was recovered from the possession of petitioners and they have been falsely implicated in this case. Petitioners have

Patna High Court CR. MISC. No.70366 of 2019(2) dt.04-12-2019 2/2 no criminal antecedent and are in custody since 15.09.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Atri P.S. Case No. 412 of 2019 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.

(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) veena/- U T