Patna High CourtCR. MISC./2207/2020bail granted

Ram Sevak Nirala v. The State Of Bihar

2020-01-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2207 of 2020 Arising Out of PS. Case No.-466 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== RAM SEVAK NIRALA, aged about 30 years, Gender- Male, Son of Dhanik Lal Yadav, Resident of Village - Tara Tola Barhi, P.S.- Jai Nagar, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, , Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 81 liters of Nepali liquor from the possession of the petitioner while he was coming from Nepal.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion only. Nothing was recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 22.11.2019.

Patna High Court CR. MISC. No.2207 of 2020(2) dt.16-01-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Excise Act, Madhubani, in connection with Jainagar Case No. 466 of 2019 (G.R. No. 1747 of 2019), subject to 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 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 bonds.

(S. Kumar, J) Rajiv/- U