Bishnu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66981 of 2018 Arising Out of PS.Case No. -316 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Bishnu Sao Son of Late Soni Sao Resident of Manpur Kumhar Toli,P.S. Mofassil,Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Excise (Sherghatti) Case No.316 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Excise (Amendment0 Act, 2016. Allegation against the petitioner is recovery of 30 litres of foreign liquor.

It has been submitted on behalf of the petitioner that he has committed no offence and has been falsely implicated in this case and recovery is not made from the conscious possession of the petitioner. Petitioner is in custody since 02.09.2018. 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.66981 of 2018 (2) dt.26-11-2018 2/2 furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Gaya in connection with Excise (Sherghatti) Case No.316 of 2018, with following conditions :-

(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 present on each and every date fixed by the Court and his absence on two consecutive dates without proper and reasonable reason will be sufficient 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) Sanjeev/- U T