Patna High CourtCR. MISC./64949/2018bail granted

Mukesh Kumar v. The State Of Bihar

2018-11-02Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64949 of 2018 Arising Out of PS. Case No.-229 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== Mukesh Kumar Son of Bhagirathi Choudhary Resident of VillagePurnadih,P.S. Madanpur,Distt.-Auranagabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Madanpur P.S. Case No. 229 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 385 litres of Spirit from the Bush and not from possession of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 20.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.64949 of 2018(2) dt.02-11-2018 2/2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum Special Judge (Excise), Aurangabad, in connection with Madanpur P.S. Case No. 229 of 2018 subject to the conditions that:-

(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 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.

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