Patna High CourtCR. MISC./65013/2018bail granted

Amresh Pandit And ORS v. The State Of Bihar

2018-11-01Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65013 of 2018 Arising Out of PS. Case No.-445 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ======================================================

1. Amresh Pandit Son of Kishuni Pandit

2. Ram Pratap Thakur Son of Tej Narayan Thakur

3. Ram Bihari Pandit Son of Sevak Pandit All are Resident of Village-Manpaur,P.S. Bela, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Case No. C2/445/18 registered for the offence punishable under Section 30(A) of the Bihar Excise Amendment Act, 2016.

Allegation against petitioners is of recovery of 70 litres of Nepali Saufi wine from their possession. It has been submitted on behalf of the petitioners that petitioners are innocent and have been falsely implicated in this case. They have no criminal antecedent and they are in custody since 27.08.2018.

Patna High Court Cr.Misc. No.65013 of 2018(2) dt.01-11-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum-Special Judge, Excise Act, Sitamarhi, in connection with Case No. C2/445/18 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.

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