Narial Gop @ Nariyal Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86864 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- NAYAGAON District- Saran ====================================================== NARIAL GOP @ NARIYAL GOP Son of Jangli Ray Resident of VillageBariyar Chak, P.S.-Nayagoan, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 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) and 38 of the Bihar Prohibition and Excise Act, 2016. Informant who is police officer has alleged in his written report 70 litre of country made liquor was recovered from the possession of co-accused. Two petitioners were coming on a motorcycle and when they were asked to stop, the rider of the motorcycle fled away, however, the pillion rider was apprehended along with illicit liquor containing in the bag. It has been submitted on behalf of the petitioner that he is innocent and has been implicated in this case on the basis of statement made by the apprehended accused. Petitioner has

Patna High Court CR. MISC. No.86864 of 2019(2) dt.18-01-2020 2/2 got no criminal antecedent and is in custody since 20.11.2019 and the person who was apprehended on the spot has been granted bail by a co-ordinate bench of this Court vide order dated 03.12.2019 in Criminal Miscellaneous No. 78605 of 2019. 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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Nayagaon P.S. Case No. 147 of 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 his bail bond.

(S. Kumar, J) ranjan/- U