Patna High Court

CR. MISC./77061/2018 of Chand Kumar and Anr Vs The State Of Bihar on 21 December 2018

COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.77061 of 2018 Arising Out of PS. Case No.-263 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== 1. Chand Kumar, son of Naresh Prasad, resident of Village- Devi Sarai, P.S. Deep Nagar, District-

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21-12-2018

IN THE HIGH COURT OF JUDICATURE AT PATNACriminal Miscellaneous No.77061 of 2018

Arising Out of PS. Case No.-263 Year-2018 Thana- KAUWAKOL District- Nawada ======================================================

1. Chand Kumar, son of Naresh Prasad, resident of Village- Devi Sarai, P.S.Deep Nagar, District- Nalanda.2. Sanny Kumar, son of Chandar Mahto, resident of Village- Devi Saria, P.S.Deep Nagar, District- Nalanda.

... ... Petitioner/sVersus

The State Of Bihar

... ... Opposite Party/s

======================================================Appearance :For the Petitioner/s: Mr.Man Mohan KumarFor the Opposite Party/s : Mr.Smt. Asha Kumari======================================================

CORAM: HONOURABLE MR. JUSTICE S. KUMAR

ORAL ORDER

Heard learned counsel for the parties.

Petitioners seek bail in Kawakole P.S. Case No. 263

of 2018 registered for the offence punishable under Sections30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 80 liters wine from a carwhich was being carried by the petitioners.

It has been submitted on behalf of the petitioners thatthey are innocent and have falsely been implicated in this case.They have got no criminal antecedent and are in custody since24.11.2018.

Considering the aforesaid facts and circumstances ofthe case, let the petitioners named above be released on bailupon furnishing bail bonds of Rs. 10,000/- each with two ranjan/manoj- UT

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sureties of the like amount each to the satisfaction of learnedA.D.J.-II-cum-Special Judge, Nawada in connection with Kawakole P.S. Case No. 263 of 2018 with followingconditions:-

(1) Bailors should be local having sufficientimmovable property within the jurisdiction of the courtconcerned.

(2) Petitioners shall co-operate in the trial andshall be properly represented on each and every date fixedby the court.

(3) If the petitioners tampers with the evidenceor the witnesses of the case, in that case, prosecution will beat liberty to move for cancellation of bail of the petitioners.(4). If the petitioners are found involved insimilar nature of offence, after their release on bail, the trialcourt shall take steps to cancel their bail bond.

(S. Kumar, J)

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