Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76506 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

BITTU KUMAR Son of Munna Ray Resident of Village - Sipara Patna, P.S.- Beur, District - Patna 2.

Rakesh Raushan Son of Mohan Paswan Resident of Village - Sipara Patna, P.S.- Beur, District - Patna 3.

Rohit Kumar Son of Wakil Rai Resident of Village - Bhupatipur, P.S.- Ramkrishna Nagar, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Manjhi P.S. Case No. 327 of 2019 registered for the offence punishable under Sections 30/30(a)/38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 371.160 litres of English wine from a Safari car.

It has been submitted on behalf of petitioners that petitioners have been implicated in this case while they were crossing the road near by the car. Safar car does not belong to

Patna High Court CR. MISC. No.76506 of 2019(2) dt.18-12-2019 2/2 petitioners. Petitioners have no criminal antecedents and are in custody since 23.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Manjhi P.S. Case No. 327 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioners 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

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