Ritesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76504 of 2019 Arising Out of PS. Case No.-705 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Kaimur (Bhabua) ====================================================== RITESH DUBEY Son of Umesh Dubey Resident of Village - Nagraon, P.S.- Charpokhri, Distt.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 705 of 2019 arising out of P.R. No. 03 of 2019-20 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

Allegation is recovery of 203.350 litres of illicit liquor from Tata Sumo vehicle.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Petitioner was not present in the alleged vehicle and has no concern with co-accused who fled away and the said vehicle

Patna High Court CR. MISC. No.76504 of 2019(2) dt.18-12-2019 2/3 does not belong to petitioner. Nothing has been recovered from the possession of petitioner. Petitioner is in custody since 24.09.2019.

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/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Excise Case No. 705 of 2019 arising out of P.R. No. 03 of 2019-20 subject to the conditions that:-

(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 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

Patna High Court CR. MISC. No.76504 of 2019(2) dt.18-12-2019 3/3 bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T