Chandan Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70304 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

CHANDAN KUMAR PODDAR Son of Sri Prakash Poddar Resident of Mohalla - Rampur, Purani Sarai, P.S.- Madhusudanpur, Distt - Bhagalpur. 2.

Aman Kumar Son of Late Umesh Prasad Resident of Mohalla - Rampur, Purani Sarai, P.S.- Madhusudanpur, Distt - Bhagalpur. 3.

Chandan Kumar Son of Sri Jay Prakash Mandal Resident of Mohalla - Rampur, Purani Sarai, P.S.- Madhusudanpur, Distt - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== 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 Excise Complaint Case No. 122 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Allegation is recovery of 46.125 litres of illicit liquor from the dickey of the car on which they were travelling. It has been submitted on behalf of petitioners that they are innocent and they were not aware that illicit liquor has been kept in the car. Petitioners have no criminal antecedents and are

Patna High Court CR. MISC. No.70304 of 2019(2) dt.04-12-2019 2/2 in custody since 06.10.2019.

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 Excise Complaint Case No. 122 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 bond.

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