Rupesh Kumar @ Rupesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78261 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== RUPESH KUMAR @ RUPESH KUMAR SINGH, S/o Balram Singh, resident of village, Tamtha (Raka) P.S. Parbatta, District, Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Complaint Case No. 142/2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 90 litres country-made liquor from a sack which was being kept on a motorcycle of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from his conscious possession. Petitioner has no criminal antecedent and he is in custody since 15.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.78261 of 2018(2) dt.17-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Banka in connection with Excise Complaint Case No. 142/2018, with following 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 properly 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 bond.

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