Patna High CourtCR. MISC./87153/2019bail granted

Punam Jha v. The State Of Bihar

2020-01-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87153 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Kishanganj ====================================================== PUNAM JHA S/o, aged about 38 years, (Male) son of Late Krityanand Jha, R/o village- Baluahi, P.S.- Khagaria, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 119.40 ml. foreign liquor and beer from the rear side of bus on which petitioner was also a passenger.

It has been submitted on behalf of the petitioner that he is innocent and nothing was recovered from his conscious possession. He has been falsely implicated in this case only on the basis of suspicion. He is not accused in any other Excise Act. Petitioner is in custody since 26.09.2019.

Patna High Court CR. MISC. No.87153 of 2019(3) dt.20-01-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd -cum special Judge (Excise) Kishanganj, in connection with Special Case No. 354 of 2019 arising out of P.R. No. 38 of 2019-20, subject to 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 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 bonds.

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