Priyesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75726 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== 1.

Priyesh Kumar Son of Raj Kumar Sah Resident of Village - Sarangpur, P.S.- Tajpur, Distt.- Samastipur.

2.

Mahesh Sada Son of Jageshwar Sada Resident of Village - Khajuri Armauli, P.S.- Dayal Chowak, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Pasraha P.S. Case No. 110 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 72 litres of foreign liquour is alleged to have been recovered from a Car.

It is submitted by learned counsel appearing on behalf of petitioners that petitioners have falsely been implicated in this case. Petitioners are neither the owner nor driver of the Car. Nothing has been recovered from possession of these petitioners. The provision of section 100 Cr.P.C. has not been

Patna High Court CR. MISC. No.75726 of 2019(2) dt.27-11-2019 2/2 complied with. Petitioners are in custody since 20.08.2019 having clean antecedent.

Considering the facts aforesaid and the fact that petitioners have got clean antecedent, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 2nd-cum-Special Judge Excise, Khagaria in connection with Pasraha P.S. Case No. 110 of 2019, subject to the following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioners tamper 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. (Prabhat Kumar Singh, J) vinita/- U T