Patna High CourtCR. MISC./74924/2019bail granted

Awadhesh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74924 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- PATAHI District- East Champaran ====================================================== AWADHESH KUMAR S/o- Lalbabu Ray R/o Village- Math Masaudhi, P.S.- Tariani, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) 37(d), 38 and 41 of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 45 litres Nepali liquor from a bag belonging to the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 09.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the

Patna High Court CR. MISC. No.74924 of 2019(2) dt.18-12-2019 2/2 case is pending in connection with Patahi P.S. Case No.315/2019, 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