Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77836 of 2018 Arising Out of PS. Case No.-333 Year-2018 Thana- BYPASS District- Patna ====================================================== Naresh Kumar son of late Yogi Mahto, resident of village Shivchak Mal, P.S. Bypass, Distt. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Special Case No. 10030 of 2018 arising out of Bypass P.S. Case No.333/18 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 101.2 litres country-made liquor from the house of Gorash Mahto and allegation against the petitioner is that he was preparing pouch and on seeing the police party he tried to flee away, however, he was apprehended. It has been submitted on behalf of the petitioner that nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 20.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77836 of 2018(2) dt.04-01-2019 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 Special Judge, Excise, Patna in connection with Special Case No. 10030 of 2018 arising out of Bypass P.S. Case No.333/18, 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