Bijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74919 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

BIJENDRA KUMAR S/o Late Haridwar Singh Resident of Pritampur, P.S.- Charpokhari, District- Bhojpur 2.

Harinath Ram S/o Late Badriram Resident of Baddiha, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in a case registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 50 litre of illicit country made liquor from the possession of petitioners which was kept in a sack on a motorcycle being ridden by the petitioners. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent and are in custody since 24.10.2019.

Patna High Court CR. MISC. No.74919 of 2019(2) dt.11-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Excise Case No. 2160 of 2019 arising out of Sikrahata P.S. Case No. 137 of 2019, with following conditions:- (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 properly 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 offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) ranjan/- U