Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80053 of 2019 Arising Out of PS. Case No.-177 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== 1.

SHUBHAM KUMAR Son of Late Ajit Prasad Resident of Village-City Malsalami, Police Station-Malsalami, District-Patna. 2.

Vijay Kumar Son of Munna Saw Resident of Village-Bidupur, Police Station-Bidupur Block, District-Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation is recovery of 250 litres of country made liquor from five bags kept on a tempo which was driven by petitioner No. 1 and petitioner No. 2 was sitting beside him. It has been submitted on behalf of petitioners that petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from their conscious possession. Petitioners have no criminal antecedents and are in

Patna High Court CR. MISC. No.80053 of 2019(3) dt.18-12-2019 2/2 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 P.R. No. 177/19, Spl. Case No. 8872/19 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 tamper 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 T