Chiku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70642 of 2018 Arising Out of PS. Case No.-763 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Chiku Kumar, Son of Surendra Yadav, Resident of Village- Nadhi, Police Station- Bharrahi O.P. (Madhepura), District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Excise Case No. 1157 of 2018 arising out of Madhepura P.S. Case No. 763 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer has alleged in his written report that two persons were arrested for possessing 124 litres of foreign liquor from their car.

It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Ashish Kumar who has already been granted bail by order dated 04.12.2018 in Criminal Miscellaneous No. 71152 of 2018. Nothing has been recovered from the possession of the petitioner. Petitioner has got no

Patna High Court Cr.Misc. No.70642 of 2018(2) dt.10-12-2018 2/2 criminal antecedent and is in custody since 17.09.2018. 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/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge Excise Act, Madhepura, in connection with Excise Case No. 1157 of 2018 arising out of Madhepura P.S. Case No. 763 of 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 offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U