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Patna High CourtCR. MISC./76456/2019bail granted

Rohit Kumar @ Rohit Kumar Rajbhar v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76456 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== ROHIT KUMAR @ ROHIT KUMAR RAJBHAR Son of Sri Shambhu Rajbhar Resident of Village-Atwa, Police Station-Mairwa, District-Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner is in custody in Excise Case No. C-III273/2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

129 Litres of illicit country made liquor is alleged to have been recovered from the motorcycle upon which the petitioner was allegedly travelling. It is stated in the petition that the petitioner is having clean antecedent. Petitioner is in custody since 26.10.2019. Submission is of false implication and that recovery is not as per procedure prescribed.

Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise, Siwan

Patna High Court CR. MISC. No.76456 of 2019(2) dt.11-12-2019 2/2 in Excise Case No. C-III-273/2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T