Patna High CourtCR. MISC./83297/2019bail granted

Guddu Kumar v. The State Of Bihar

2020-01-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83297 of 2019 Arising Out of PS. Case No.-440 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== GUDDU KUMAR Son of Munna Mallah @ Munna Mallaha Resident of Village - Gandhi Nagar, Ward no.5, Kochas, P.S.- Kochas, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Excise Act.

Allegation against petitioner is recovery of 45 litres of country made illicit liquor from his possession while he was a pillion rider on a motorcycle.

It is submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case on basis of suspicion and nothing was recovered from his conscious possession. He has got no criminal antecedent and is in custody since 05.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with

Patna High Court CR. MISC. No.83297 of 2019(2) dt.06-01-2020 2/2 two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Mohania P.S. Case No.440/2019, 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 their bail bonds.

(S. Kumar, J) Prakash Narayan /- U T