Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76136 of 2018 Arising Out of PS. Case No.-855 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Anil Kumar, S/o Kapil Mahto, Resident of Karai, P.S.-Masaurhi, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Sharan For the Opposite Party/s :

Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Agam Kuan P.S. Case No. 855 of 2018 registered for the offence punishable under Section 30(a), 37(C) of the Bihar Prohibition & Excise Act, 2016.

Allegation against petitioner is of recovery of 55 litres of country made liquor from his possession and he was in drunken state.

It has been submitted on behalf of the petitioner that petitioner has no criminal antecedent and he is in custody since 25.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.76136 of 2018(2) dt.19-12-2018 2/2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Agam Kuan P.S. Case No. 855 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 properly represented 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