Rajesh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75177 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Rajesh Saw, Son of Raghunandan Saw, Resident of Village- Nurdipur, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arun Kumar Pandey For the Opposite Party/s :

Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Alamganj P.S. Case No.166/2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of about 427.5 litres foreign liquor from a tempo. Allegation against the petitioner is that he is the owner of the tempo from which the aforesaid illicit foreign liquor was recovered.

It has been submitted on behalf of the petitioner that he had sold the tempo on 29.04.2014 to one Ram Pravesh Rai and, as such, petitioner is not responsible for the said tempo in any manner. Petitioner has no criminal antecedent and he is in custody since 11.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.75177 of 2018(2) dt.17-12-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Alamganj P.S. Case No.166/2018, 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 properly represented on each and every date fixed by the court.

(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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Sanjay/- U T