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Patna High CourtCR. MISC./76540/2019bail granted

Dilip Kumar @ Dilip Kumar Nirala v. The State Of Bihar

2019-12-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76540 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== 1.

DILIP KUMAR @ DILIP KUMAR NIRALA S/o Sri Sarju Chauhan @ Sarjug Chauhan R/o village- Sahajpura, P.S.- Nawada Nagar, Distt. Nawada 2.

Sonu Kumar S/o Sri Ratan Singh R/o village- Anand Nagar (Anandpura), P.S.- Nawada Nagar, Distt. Nawada ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== 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 under Section 30(a) and 56(b) of Bihar Prohibition and Excise Amendment Act, 2018.

Allegation is recovery of 315 litres of spirit from the Mahindra Bollero.

It has been submitted on behalf of petitioners that neither petitioners were owner of the vehicle nor they were driver rather they were traveller on alleged vehicle. Petitioners are in custody since 28.09.2019.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.76540 of 2019(2) dt.18-12-2019 2/2 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 G.O. Case No. 204 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 T