Suman Kumar Biswas @ Vishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82501 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== 1.

SUMAN KUMAR BISWAS @ VISHWAS Son of Jyotish Vishwas Resident of Village- Kochaili, P.S.- Dagaruaa, District- Purnia. 2.

Tapas Dey Son of Ajit Dey Resident of Village- Bangulabari, P.S.- Dagaruaa, District- Purnia.

3.

Pratap Das Son of Habul Das Resident of Village- Kochaili, P.S.- Dagaruaa, District- Purnia.

4.

Uttam Dey Son of Narayan Chandra Dey Resident of Village- Banglabari, P.S.- Dagaruaa, District- Purnia.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Balrampur P.S. Case No. 111 of 2019 registered for the offence punishable under Section 30(a) read with Section 13 of Bihar Prohibition & Excise Amendment Act, 2016. Allegation against petitioners is that 19.5 litres of foreign liquor was recovered from two motorcycles upon which they were riding.

It has been submitted on behalf of petitioners that

Patna High Court CR. MISC. No.82501 of 2019(2) dt.12-12-2019 2/2 petitioners have no criminal antecedents. Nothing was recovered from their possession. Seizure list does not bear their signature and they have been falsely implicated in this case. Petitioner is in custody since 27.10.2019.

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 Balrampur P.S. Case No. 111 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 his release on bail the trial court shall take steps to cancel their bail bond.

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